Kirby v. State

District Court of Appeal of Florida

Kirby v. State

145 So. 3d 910, 2014 WL 4055780

Procedural entryThis page is a short order in Kirby v. State. Read the opinion of the Court — 2015 Fla. App. LEXIS 10481 →

District Court of Appeal of Florida·Decided August 15, 2014·No. 2D13-5880·Published

Opinion

*911 PER CURIAM.

We affirm in all respects the postconviction court’s denial of Trolis Kirby’s untimely motion filed under Florida Rule of Criminal Procedure 3.850. We write only to note that we agree with the opinions of our sister courts in Mendoza v. State, 93 So.3d 458, 458 (Fla. 4th DCA 2012), and Harricharan v. State, 59 So.3d 1162, 1163 (Fla. 5th DCA 2011), which explicitly reject the claim that the ruling in State v. Montgomery, 39 So.3d 252 (Fla.2010), can be applied retroactively to cases that were final before Montgomery was decided.

Affirmed.

MORRIS, BLACK, and SLEET, JJ„ Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

*911 PER CURIAM.

We affirm in all respects the postconviction court’s denial of Trolis Kirby’s untimely motion filed under Florida Rule of Criminal Procedure 3.850. We write only to note that we agree with the opinions of our sister courts in Mendoza v. State, 93 So.3d 458, 458 (Fla. 4th DCA 2012), and Harricharan v. State, 59 So.3d 1162, 1163 (Fla. 5th DCA 2011), which explicitly reject the claim that the ruling in State v. Montgomery, 39 So.3d 252 (Fla.2010), can be applied retroactively to cases that were final before Montgomery was decided.

Affirmed.

MORRIS, BLACK, and SLEET, JJ„ Concur.

Kirby v. State, 145 So. 3d 910, 2014 WL 4055780 (Fla. Ct. App. 2014).

Pincite

145 So. 3d 910 (Kirby v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related