White v. State

161 So. 3d 526, 2014 Fla. App. LEXIS 13267, 2014 WL 4212779

Opinion

NORTHCUTT, Judge.

We affirm the postconviction court’s denial of Scottie Lee White’s petition for writ of habeas corpus, which the court appropriately treated as an untimely motion filed under Florida Rule of Criminal Procedure 3.850. White claimed that the trial court committed fundamental error when it gave an erroneous instruction on voluntary manslaughter, citing State v. Montgomery, 39 So.3d 252, 257-58 (Fla.2010). We write only to observe that the postcon-viction court properly rejected this contention on the ground that the Montgomery case does not apply retroactively to cases that were final before it issued. See Mendoza v. State, 93 So.3d 458, 458 (Fla. 4th DCA 2012); Harricharan v. State, 59 So.3d 1162, 1163 (Fla. 5th DCA 2011).

Affirmed.

SILBERMAN and KELLY, JJ., Concur.