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Kirby v. State

145 So. 3d 910, 2014 WL 4055780
CourtDistrict Court of Appeal of Florida
DecidedAugust 15, 2014
Docket2D13-5880
StatusPublished

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

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.

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Related

State v. Montgomery
39 So. 3d 252 (Supreme Court of Florida, 2010)
Harricharan v. State
59 So. 3d 1162 (District Court of Appeal of Florida, 2011)
Mendoza v. State
93 So. 3d 458 (District Court of Appeal of Florida, 2012)

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Bluebook (online)
145 So. 3d 910, 2014 WL 4055780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirby-v-state-fladistctapp-2014.