Collis D. Rich v. State of Florida

          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                          No. 1D21-578
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COLLIS D. RICH,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Okaloosa County.
William F. Stone, Judge.

                        September 22, 2021


PER CURIAM.

     Collis D. Rich appeals an order summarily denying his
postconviction motion filed under Florida Rule of Criminal
Procedure 3.801. In his January 8, 2021 motion, Rich asserted that
he was entitled to additional jail credit for time he spent in jail in
2009. The trial court correctly denied the motion as untimely. See
Fla. R. Crim. P. 3.801(b) (“No motion shall be filed or considered
pursuant to this rule if filed more than 1 year after the sentence
becomes final.”); In re Amendments to Fla. Rules of Criminal
Procedure & Fla. Rules of Appellate Procedure, 132 So. 3d 734,
746–47 (Fla. 2013) (amending rule 3.801(b) to add, “For sentences
imposed prior to July 1, 2013, a motion under this rule may be filed
on or before July 1, 2014.”).
    AFFIRMED.

ROWE, C.J., and LEWIS and WINOKUR, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Collis D. Rich, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.




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