ANTONIO JOHNSON v. THE STATE OF FLORIDA
This text of ANTONIO JOHNSON v. THE STATE OF FLORIDA (ANTONIO JOHNSON v. THE STATE OF FLORIDA) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed December 15, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-1818 Lower Tribunal No. F93-9615 ________________
Antonio Johnson, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Robert T. Watson, Judge.
Antonio Johnson, in proper person.
Ashley Moody, Attorney General, for appellee.
Before LINDSEY, GORDO and BOKOR, JJ.
PER CURIAM. We write only to emphasize the two-year limitation under Florida Rule
of Criminal Procedure 3.850(b) and the point raised previously by this Court
and echoed by the trial court: “The mere incantation of the words ‘manifest
injustice’ does not make it so. [Petitioner] has failed to allege any facts—nor
can he—to justify invoking the extremely limited concept of manifest injustice
to excuse a procedural bar and allow us to review the merits of his instant
claim.” Garcia-Manriquez v. State, 317 So. 3d 1203, 1203 (Fla. 3d DCA
2021) (quoting Beiro v. State, 289 So. 3d 511, 511-12 (Fla 3d DCA 2019)).
Affirmed.
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