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Durkin v. State

37 So. 3d 264, 2009 Fla. App. LEXIS 2202, 2009 WL 607494
CourtDistrict Court of Appeal of Florida
DecidedMarch 11, 2009
Docket2D08-1112
StatusPublished

This text of 37 So. 3d 264 (Durkin v. State) 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.

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

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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37 So. 3d 264 (District Court of Appeal of Florida, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
37 So. 3d 264, 2009 Fla. App. LEXIS 2202, 2009 WL 607494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durkin-v-state-fladistctapp-2009.