Duane Walker v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: November 5, 2025
• Docket: 3D2025-1907
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 5, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-1907 Lower Tribunal No. F00-25707 ________________

Duane Walker, Appellant,

vs.

State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Zachary James, Judge.

Duane Walker, in proper person.

James Uthmeier, Attorney General, and Ivy R. Ginsberg, Senior Assistant Attorney General, for appellee.

Before FERNANDEZ, MILLER and BOKOR, JJ.

PER CURIAM. The record reveals that every issue raised by Walker in his motion

under Florida Rule of Criminal Procedure 3.850 is either successive, time

barred, waived, or should have been raised by direct appeal. “Summary

denial of a successive postconviction motion is appropriate ‘[i]f the motion,

files, and records in the case conclusively show that the movant is entitled to

no relief.’” Bogle v. State, 322 So. 3d 44, 46 (Fla. 2021) (alteration in original)

(quoting in part Fla. R. Crim. P. 3.851(f)(5)(B)); see also Parker v. State, 904

So. 2d 370, 376 (Fla. 2005) (“As a general proposition, a defendant is entitled

to an evidentiary hearing on any well-pled allegations in a motion for

postconviction relief unless (1) the motion, files, and records in the case

conclusively show that the prisoner is entitled to no relief, or (2) the motion

or a particular claim is legally insufficient.”). The trial court correctly denied

Walker’s postconviction motion without a hearing.

Affirmed.