Home/District Court of Appeal of Florida/Wesley v. State

Wesley v. State

126 So. 3d 389, 2013 WL 5807316, 2013 Fla. App. LEXIS 17209
CourtDistrict Court of Appeal of Florida
DecidedOctober 30, 2013
DocketNo. 4D13-2088
StatusPublished
Cited by1 cases

This text of 126 So. 3d 389 (Wesley 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
Wesley v. State, 126 So. 3d 389, 2013 WL 5807316, 2013 Fla. App. LEXIS 17209 (Fla. Ct. App. 2013).

Opinion

PER CURIAM.

We affirm the trial court’s order summarily denying appellant’s untimely and successive postconviction challenge. A petition for writ of habeas corpus cannot be used to circumvent the procedural bars. Baker v. State, 878 So.2d 1236, 1241 (Fla.2004). Further, appellant’s claim of error under State v. Montgomery, 39 So.3d 252, 257-58 (Fla.2010), is without merit. Montgomery is not retroactive. Ross v. State, 82 So.3d 975, 976 (Fla. 4th DCA 2011). Montgomery also does not authorize untimely postconviction relief.

Affirmed.

WARNER, TAYLOR and LEVINE, JJ., concur.

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Related

Louis v. State
243 So. 3d 445 (District Court of Appeal of Florida, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
126 So. 3d 389, 2013 WL 5807316, 2013 Fla. App. LEXIS 17209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wesley-v-state-fladistctapp-2013.