Marcelyn Mathieu, Appellant, v. The State of Florida, Appellee. (2023)

District Court of Appeal of Florida, Third District.

Marcelyn Mathieu, Appellant, v. The State of Florida, Appellee.

No. 3D22-1520

Decided: April 05, 2023

Before LOGUE, MILLER, and BOKOR, JJ.

AsiliA Law Firm P.A., and Jeremy McLymont, for appellant. Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.

Affirmed. See Fla. R. Crim. P. 3.850(b) (“A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final ․”); Cave v. State, 289 So. 3d 980, 981 (Fla. 1st DCA 2020) (“For purposes of [Florida Rule of Criminal Procedure 3.850], the two-year period begins to run when appellate proceedings have concluded and the court issues a mandate ․”); Mathieu v. State, 258 So. 3d 528, 529 (Fla. 3d DCA 2018) (affirming defendant's conviction by jury and sentence on charges of second-degree murder with a firearm and accessory after the fact); see also Card v. Dugger, 512 So. 2d 829, 830 (Fla. 1987) (“Where an initial motion for post-conviction relief raises the claim of ineffective assistance of counsel, the trial court may summarily deny a successive motion which raises additional grounds for ineffective assistance of counsel.”).

PER CURIAM.

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