Florida District Courts of Appeal, 2013

McDonald v. State

McDonald v. State
Florida District Courts of Appeal · Decided November 6, 2013 · Northcutt, Sleet, Villanti
133 So. 3d 530; 2013 WL 5927737; 2013 Fla. App. LEXIS 17645 (Southern Reporter, Third Series)

McDonald v. State

Opinion of the Court

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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