
    John CAPODILUPO, Appellant, v. The STATE of Florida, Appellee.
    No. 3D08-1291.
    District Court of Appeal of Florida, Third District.
    June 25, 2008.
    John Capodilupo, in proper person.
    Bill McCollum, Attorney General, for appellee.
    Before SHEPHERD and SALTER, JJ., and SCHWARTZ, Senior Judge.
   PER CURIAM.

Affirmed. See Fla. R.Crim. P. 3.850(b)(1) (discussing what constitutes newly discovered evidence, for the purposes of filing a rule 3.850 motion outside of the two-year time window); Major v. State, 814 So.2d 424, 431 (Fla.2002) (“[N]either the trial court nor counsel has a duty to advise a defendant that the defendant’s plea in a pending case may have sentence enhancing consequences on a sentence imposed for a crime committed'in the future.”); Bolyea v. State, 508 So.2d 457, 459 (Fla. 2nd DCA 1987) (“A probationer, whether or not incarcerated as a condition of probation, is ‘in custody’ for purposes of rule 3.850 and may seek postconviction relief pursuant to that rule.”).  