KEVIN H. KIRKMAN, PETITIONER,

v.

WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT

Citator

Cited By

• Gusow v. State, 6 So. 3d 699 (Fla. 4th DCA 2009)
  …b), so that it was untimely. This court has never extended the timeliness analysis once applied in deportation cases under Peart v. State, 756 So. 2d 42 (Fla.2000), to claims of misadviee, such as the one presented by Gusow. See Wainwright v. State, 983 So. 2d 635 (Fla. 4th DCA 2008) (existence of conditional release was not a newly discovered fact justifying untimely postcon-viction motion attacking voluntariness of 1990 plea) rev. denied, 996 So. 2d 214 (Fla.2008). McFadden v. State, 904 So. 2d 570 (Fla. 4t…
• Schultheis v. State, 125 So. 3d 932 (Fla. 4th DCA 2013)
  …or to the two-year deadline found in rule 3.850(b). Therefore, appellant’s claim fails the first prong of the “newly discovered evidence” test because the evidence could have been discovered by the exercise of due diligence. See Wainwright v. State, 983 So. 2d 635, 637 (Fla. 4th DCA 2008) (fact in existence at time of plea was not “newly discovered” for purposes of exception to two-year time limit found in rule 3.850(b)); Foss v. State, 24 So. 3d 1275, 1276 (Fla. 5th DCA 2009) (scoresheet error at time of res…
• Jackson v. State, 985 So. 2d 679 (Fla. 4th DCA 2008)
  …s recently held that a defendant’s discovery that a forfeiture of gain-time will result from the violation of conditional release is not a newly discovered fact that will extend the time limit for filing a rule 3.850 motion. See Wainwright v. State, 983 So. 2d 635 (Fla. 4th DCA 2008); Dwyer v. State, 981 So. 2d 606 (Fla. 4th DCA 2008), in both of which this ¿ourt certified conflict with the Second District in cases such as Beasley and Boy-kins. Accordingly, we affirm and, as we did in those cases, we certify…

Authorities Cited

• Nugent Hutchins v. Gale Indus. & Scibal Assocs. of Fla., Inc., 708 So. 2d 1041 (Fla. 1st DCA 1998)
• Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998)