MARTIN v. STATE (2006)

District Court of Appeal of Florida,Fifth District.

Mary Patricia MARTIN, Appellant, v. STATE of Florida, Appellee.

No. 5D06-2584.

Decided: October 06, 2006

Mary P. Martin, Brooksville, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm the trial court's denial of the motion for post-conviction relief pursuant to rule 3.850 because the motion was brought more than two years after appellant's judgment and sentence became final. The filing of an unsuccessful petition for belated appeal does not toll the rendition of a judgment and sentence for purposes of calculating the two-year window. See Jones v. State, 922 So.2d 1088 (Fla. 4th DCA 2006).

AFFIRMED.

PER CURIAM.

PALMER, MONACO and LAWSON, JJ., concur.

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