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79 So. 3d 112
Fla. Dist. Ct. App.
2012
PER CURIAM.

We affirm with prejudice the summary denial of appellant’s untimely postconviction motion. The alleged “newly discovered evidence,” that jury selection was not transcribed for the direct appeal in 1994, could have been discovered with due diligence within the two-year time limit. See Fla. R.Crim. P. 3.850(b)(1).

Affirmed.

WARNER, POLEN and DAMOORGIAN, JJ., concur.

Case Details

Case Name: Santos v. State
Court Name: District Court of Appeal of Florida
Date Published: Jan 18, 2012
Citations: 79 So. 3d 112; 2012 WL 127244; 2012 Fla. App. LEXIS 521; 4D10-4810
Docket Number: 4D10-4810
Court Abbreviation: Fla. Dist. Ct. App.
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    Santos v. State, 79 So. 3d 112