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Fitzgerald v. State, No. 3D09-1879 (Fla. App. 9/23/2009) (Fla. App., 2009)

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John M. Fitzgerald, Appellant, v. The State of Florida, Appellee. No. 3D09-1879. District Court of Appeal of Florida, Third District. Opinion filed September 23, 2009. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Rosa I. Rodriguez, Judge, Lower Tribunal No. 91-37997-B. John M. Fitzgerald, in proper person. Bill McCollum, Attorney General, for appellee. Before WELLS, SHEPHERD, and SUAREZ, JJ. SHEPHERD, J. John M. Fitzgerald appeals from the denial of his Florida Rule of Criminal Procedure 3.850 motion and from the trial court’s May 3, 2009 order prohibiting him from filing further pro se post-conviction motions. We affirm the denial of his Rule 3.850 motion because the motion is time barred...continue to full post

Full post as published by Florida Criminal Law Opinions on September 23, 2009 (boomark / email).