McDonald v. State

District Court of Appeal of Florida

McDonald v. State

133 So. 3d 530, 2013 WL 5927737, 2013 Fla. App. LEXIS 17645

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 2013

DocketNo. 2D13-653

StatusPublished

Cited by130 cases

This text of 133 So. 3d 530 (McDonald 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.

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McDonald v. State, 133 So. 3d 530, 2013 WL 5927737, 2013 Fla. App. LEXIS 17645 (Fla. Ct. App. 2013).

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Opinion

SLEET, Judge.

We affirm the postconviction court’s order summarily denying Kenneth McDonald’s postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850 because McDonald’s motion was without merit, untimely, and successive. We caution McDonald and others that the holding in Deras v. State, 54 So.3d 1023 (Fla. 3d DCA 2011), is limited to its facts and does not, in our view, create a manifest injustice exception to the rule 3.850 time bar.

Affirmed.

NORTHCUTT and VILLANTI, JJ„ Concur.

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SLEET, Judge.

We affirm the postconviction court’s order summarily denying Kenneth McDonald’s postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850 because McDonald’s motion was without merit, untimely, and successive. We caution McDonald and others that the holding in Deras v. State, 54 So.3d 1023 (Fla. 3d DCA 2011), is limited to its facts and does not, in our view, create a manifest injustice exception to the rule 3.850 time bar.

Affirmed.

NORTHCUTT and VILLANTI, JJ„ Concur.

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Bluebook (online)

133 So. 3d 530, 2013 WL 5927737, 2013 Fla. App. LEXIS 17645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-state-fladistctapp-2013.

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