DANIEL K. ROSS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 4th DCA | 2011-08-10
No. 4D11-1841
DAMOORGIAN, CIKLIN and GERBER, JJ., concur.
82 So. 3d 975 Florida District Court of Appeal, Fourth District (2011) Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We dismiss this petition for writ of habe-as corpus seeking to raise trial court errors which allegedly occurred during peti*976tioner’s jury trial in 1996. See Fla. R.Crim. P. 3.850(h) (2010) (a petition for writ of habeas corpus may not be used as a substitute for a rule 8.850 motion).

We agree that State v. Montgomery, 89 So.3d 252, 258-60 (Fla.2010), does not apply retroactively to convictions which were final before our supreme court issued that decision. Harricharan v. State, 59 So.3d 1162 (Fla. 5th DCA 2011), petition for discretionary review pending, SC11-846. See also Rozzelle v. State, 29 So.3d 1141 (Fla. 1st DCA 2009), petition for discretionary review pending, SC10-127.

Dismissed.

DAMOORGIAN, CIKLIN and GERBER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Mendoza v. State, 93 So. 3d 458 (Fla. 4th DCA 2012)
    …to find that the defendant intended to kill the victim, constituted fundamental error). We already have held that Montgomery “does not apply retroactively to convictions which were final before our supreme court issued that decision.” Ross v. State, 82 So. 3d 975, 976 (Fla. 4th DCA 2011). Our sister courts have held likewise. Harricharan v. State, 59 So. 3d 1162, 1163 (Fla. 5th DCA 2011), rev. denied, 92 So. 3d 213 (Fla.2012) (table); Rozzelle v. State, 29 So. 3d 1141, 1142 (Fla. 1st DCA 2009), rev. denied,…
  • Trevares T. Wesley v. State, 126 So. 3d 389 (Fla. 4th DCA 2013)
    …sed 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.…
  • Bain v. State, 94 So. 3d 652 (Fla. 4th DCA 2012)
    …PER CURIAM. Affirmed. See Ross v. State, 82 So. 3d 975 (Fla. 4th DCA 2011). STEVENSON, TAYLOR and GERBER, JJ., concur.…

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