TREVARES T. WESLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TREVARES T. WESLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
126 So. 3d 389
Florida District Court of Appeal, Fourth District (2013)
Positive Treatment
Cited by 1 case
Opinion of the Court
We affirm the trial court’s order summarily denying appellant’s untimely and successive postconviction challenge. A petition for writ of habeas corpus cannot be used 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Louis v. State, 243 So. 3d 445 (Fla. 3d DCA 2017)
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- State v. Montgomery, 39 So. 3d 252 (Fla. 2010)
- Ross v. State, 82 So. 3d 975 (Fla. 4th DCA 2011)