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Sammy THORNTON, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2015-05-08No. No. 2D14-5297
164 So. 3d 126

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Opinion

majority opinion

LUCAS, Judge.

The post conviction court denied Sammy Thornton’s untimely motion for extension of time to file an amended motion under Florida Rule of Criminal Procedure 3.850 and then summarily denied the untimely filed amended motion. We find no abuse of discretion on the part of the postconviction court and accordingly affirm. See Fla. R. Crim. P. 3.850(f)(2) (“[I]f the defendant fails to file an amended motion within the time allowed for such amendment, the court, in its discretion, may permit the defendant an additional opportunity to amend the motion or may enter a final, appealable order summarily denying the motion with prejudice.”).

Affirmed.

CASANUEVA and MORRIS, JJ., Concur.