Terrance Duncan v. the State of Florida
This text of Terrance Duncan v. the State of Florida (Terrance Duncan v. the State of Florida) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed June 25, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-0424 Lower Tribunal Nos. F12-24880, F14-45 & F15-8858 ________________
Terrance Duncan, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.
Daniel J. Tibbitt, P.A., and Daniel Tibbitt, for appellant.
James Uthmeier, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.
Before SCALES, LINDSEY, and LOBREE, JJ.
PER CURIAM. Affirmed. See Fla. R. Crim. P. 3.850(b)(1) (“A motion to vacate a
sentence that exceeds the limits provided by law may be filed at any time.
No other motion shall be filed or considered pursuant to this rule if filed more
than 2 years after the judgment and sentence become final unless it alleges
that: (1) the facts on which the claim is predicated were unknown to the
movant or the movant’s attorney and could not have been ascertained by the
exercise of due diligence, and the claim is made within 2 years of the time
the new facts were or could have been discovered with the exercise of due
diligence[.]”) (emphasis added).
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