Durkin v. State

District Court of Appeal of Florida

Durkin v. State

37 So. 3d 264, 2009 Fla. App. LEXIS 2202, 2009 WL 607494

District Court of Appeal of Florida·Decided March 11, 2009·No. 2D08-1112·Published

Opinion

PER CURIAM.

We affirm the summary denial of Ronald Durkin’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. One claim was based on allegations of newly discovered evidence, but the evidence was not newly discovered as shown by the record attachments to the circuit court’s order. The second claim was not based on allegations of newly discovered evidence, and therefore it was time barred. See Fla. R.Crim. P. 3.850(b) (providing two-year window for postconviction claims in the absence of exceptional *265 circumstances like newly discovered evidence).

Affirmed.

NORTHCUTT, C.J., and ALTENBERND and KHOUZAM, JJ., Concur.

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PER CURIAM.

We affirm the summary denial of Ronald Durkin’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. One claim was based on allegations of newly discovered evidence, but the evidence was not newly discovered as shown by the record attachments to the circuit court’s order. The second claim was not based on allegations of newly discovered evidence, and therefore it was time barred. See Fla. R.Crim. P. 3.850(b) (providing two-year window for postconviction claims in the absence of exceptional *265 circumstances like newly discovered evidence).

Affirmed.

NORTHCUTT, C.J., and ALTENBERND and KHOUZAM, JJ., Concur.

Durkin v. State, 37 So. 3d 264, 2009 Fla. App. LEXIS 2202, 2009 WL 607494 (Fla. Ct. App. 2009).

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Opinion

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