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Sequoia v. State
678 So. 2d 493
Fla. Dist. Ct. App.
1996
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PER CURIAM.

Pursuant to Florida Rule of Appellate Procedure 9.315, we affirm. Appellant has appealed an order denying his Motion for Discharge for a speedy trial violation. The violation he challenges relates to his 1987 conviction to which he pled nolo contendere and was sentenced to a term of imprisonment. He cannot now raise the issue to overturn this conviction. Any violation of the speedy trial rule should have been raised in a direct appeal from his conviction and sentence. Having failed to so raise it, appellant is precluded from challenging his conviction at this time. Even if we were to consider this a motion for post-conviction relief, it is untimely. See Fla. R.Crim. P. 3.850(b).

Affirmed.

WARNER and FARMER, JJ., and OWEN, WILLIAM G, Jr., Senior Judge, concur.

Case Details

Case Name: Sequoia v. State
Court Name: District Court of Appeal of Florida
Date Published: Aug 21, 1996
Citation: 678 So. 2d 493
Docket Number: No. 96-1717
Court Abbreviation: Fla. Dist. Ct. App.
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