Florida District Courts of Appeal, 2013

Wesley v. State

Wesley v. State
Florida District Courts of Appeal · Decided October 30, 2013 · Levine, Taylor, Warner
126 So. 3d 389; 2013 WL 5807316; 2013 Fla. App. LEXIS 17209 (Southern Reporter, Third Series)

Wesley v. State

Opinion of the Court

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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