Florida District Courts of Appeal, 2011

Ross v. State

Florida District Courts of Appeal · Decided August 10, 2011 · Damoorgian, Ciklin, Gerber

82 So. 3d 975; 2011 Fla. App. LEXIS 12516; 2011 WL 3477100 (Southern Reporter, Third Series)

Cases that cite this one

4 later published cases cite this decision.

Louis v. State (Fla. Dist. Ct. App. 2017)
Ousley v. State (Fla. Dist. Ct. App. 2013)
Wesley v. State (Fla. Dist. Ct. App. 2013)
Mendoza v. State (Fla. Dist. Ct. App. 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

We dismiss this petition for writ of habe-as corpus seeking to raise trial court errors which allegedly occurred during peti *976 tioner’s jury trial in 1996. See Fla. R.Crim. P. 3.850(h) (2010) (a petition for writ of habeas corpus may not be used as a substitute for a rule 8.850 motion).

We agree that State v. Montgomery, 89 So.3d 252, 258-60 (Fla. 2010), does not apply retroactively to convictions which were final before our supreme court issued that decision. Harricharan v. State, 59 So.3d 1162 (Fla. 5th DCA 2011), petition for discretionary review pending, SC11-846. See also Rozzelle v. State, 29 So.3d 1141 (Fla. 1st DCA 2009), petition for discretionary review pending, SC10-127.

Dismissed.

DAMOORGIAN, CIKLIN and GERBER, JJ., concur.

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