Wesley v. State
Cases that cite this one
1 later published case cites this decision.
- Louis v. State (Fla. Dist. Ct. App. 2017)
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 of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.