McDonald v. State

Fla. Dist. Ct. App.

Court: Florida District Court of Appeal

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

Decision Date: 11/6/2013

Docket Number: No. 2D13-653

Jurisdiction: FL

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

More Cases: Fla. Dist. Ct. App. decisions from 2013

Kenneth McDONALD, Appellant, v. STATE of Florida, Appellee.

Judges

NORTHCUTT and VILLANTI, JJ„ Concur.

Attorneys

Kenneth McDonald, pro se.

majority 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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