DAVID LEE MOORE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2013-04-24
No. 4D12-4350
WARNER, STEVENSON and GROSS, JJ., concur.
114 So. 3d 291 Florida District Court of Appeal, Fourth District (2013) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s denial of appellant’s untimely motion for postconviction relief which attempted to challenge his 1996 conviction. Lafler v. Cooper, — U.S. -, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012), and Missouri v. Frye, — U.S. -, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012), did not create any new fundamental constitutional right, and these decisions do not provide any exception to the time limitation for seeking postconviction relief. Fla. R.Crim. P. 3.850(b)(2); Simmons v. State, 104 So.3d 1185 (Fla. 1st DCA 2012).

Affirmed.

WARNER, STEVENSON and GROSS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Cherryl L. Gaschler v. State, 117 So. 3d 848 (Fla. 4th DCA 2013)
    …PER CURIAM. Affirmed. Moore v. State, 114 So. 3d 291 (Fla. 4th DCA 2013); Simmons v. State, 104 So. 3d 1185 (Fla. 1st DCA 2012). TAYLOR, MAY and LEVINE, JJ., concur.…
  • Moore v. State, 152 So. 3d 644 (Fla. 4th DCA 2014)
    …PER CURIAM. We affirm the denial of appellant’s successive and untimely motion for postcon-viction relief. Appellant raised the same claim regarding misadvice of counsel regarding his plea in Moore v. State, 114 So. 3d 291 (Fla. 4th DCA 2013). He claims that because of Alcorn v. State, 121 So. 3d 419 (Fla.2013), decided after Moore, he is entitled to re-raise this same claim. However, Florida Rule of Criminal Procedure 3.850(b)(3) permits a claim to be raised beyond t…
  • Eleuterio Ortiz-Olivo v. State, 120 So. 3d 108 (Fla. 4th DCA 2013)
    …PER CURIAM. Affirmed. Moore v. State, 114 So. 3d 291 (Fla. 4th DCA 2013); Simmons v. State, 104 So. 3d 1185 (Fla. 1st DCA 2012); Perie v. State, - So. 3d - (Fla. 2d DCA 2013). TAYLOR, MAY and LEVINE, JJ., concur.…

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