Opinion
No. 4D10-4810
01-18-2012
MICHAEL SANTOS a/k/a MICHAEL MINASIAN, Appellant, v. STATE OF FLORIDA, Appellee.
Michael Santos a/k/a Michael Minasian, Lake City, pro se. No appearance required for appellee.
.
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.
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Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No. 1992CF015503AXX.
Michael Santos a/k/a Michael Minasian, Lake City, pro se.
No appearance required for appellee.
Not final until disposition of timely filed motion for rehearing.