Florida District Courts of Appeal, 2015

Everett v. State

Everett v. State
Florida District Courts of Appeal · Decided May 22, 2015 · Berger, Harris, Orfinger
164 So. 3d 747; 2015 Fla. App. LEXIS 7716; 2015 WL 2414396 (Southern Reporter, Third Series)

Everett v. State

Opinion of the Court

HARRIS, C.M., Senior Judge.

In 2008, Michael Everett was convicted of first-degree felony murder and burglary of a dwelling with a battery while armed with a deadly weapon. This court, in Everett v. State, 114 So.3d 956 (Fla. 5th DCA 2011), reversed the burglary conviction because Everett was convicted of a first-degree burglary offense when he was actu-. ally charged with second-degree burglary. We reversed for entry of a corrected judgment and re-sentencing.

Everett’s new claims of deficient representation are either insufficient, untimely, or both.

AFFIRMED.

ORFINGER and BERGER, JJ., concur.

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