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Robert John DOYLE, Appellant, v. The STATE of Florida, Appellee

Florida District Court of Appeal2012-01-04No. No. 3D11-2861
77 So. 3d 817

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Opinion

majority opinion

PER CURIAM.

The defendant’s motion under Florida Rule of Criminal Procedure 3.800 was denied by the trial court. Because the motion challenges the defendant’s conviction rather than his sentence, we treat his motion as a motion under Florida Rule of Criminal Procedure 3.850. See, e.g., Rivas v. State, 43 So.3d 154, 156 (Fla. 3d DCA 2010); Hilbert v. State, 661 So.2d 895, 895-96 (Fla. 3d DCA 1995). The motion was untimely on its face and thus properly denied.

Affirmed.