KENNETH MCDONALD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2013-11-06
No. 2D13-653
NORTHCUTT and VILLANTI, JJ„ Concur.
133 So. 3d 530 Florida District Court of Appeal, Second District (2013) Caution
Cited by 159 cases

Opinion of the Court
SLEET, Judge.

SLEET, Judge.

We affirm the postconviction court’s order summarily denying Kenneth McDonald’s postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850 because McDonald’s motion was without merit, untimely, and successive. We caution McDonald and others that the holding in Deras v. State, 54 So.3d 1023 (Fla. 3d DCA 2011), is limited to its facts and does not, in our view, create a manifest injustice exception to the rule 3.850 time bar.

Affirmed.

NORTHCUTT and VILLANTI, JJ„ Concur.


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  • Thomas v. State, 252 So. 3d 1201 (Fla. 2d DCA 2018)
    …County; Philip J. Federico, Judge. Anthony Jerome Thomas, pro se. PER CURIAM. Affirmed. See Knight v. State, 808 So. 2d 210 (Fla. 2002); Robinson v. State, 793 So. 2d 891 (Fla. 2001); State v. Cotton, 769 So. 2d 345 (Fla. 2000); McDonald v. State, 133 So. 3d 530 (Fla. 2d DCA 2013); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Franke v. State, 997 So. 2d 424 (Fla. 2d DCA 2008); Steward v. State, 931 So. 2d 133 (Fla. 2d DCA 2006); Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005); Shortridge v. State,…
  • Shuler v. State, 160 So. 3d 459 (Fla. 2d DCA 2014)
    …PER CURIAM. We affirm the postconviction court’s order denying Curtis Shuler’s motion for postconviction relief as untimely. See Fla. R. Grim. P. 3.850(b); McDonald v. State, 133 So. 3d 530 (Fla. 2d DCA 2013) (“We caution McDonald and others that the holding in Deras v. State, 54 So. 3d 1023 (Fla. 3d DCA 2011), is limited to its facts and does not, in our view, create a manifest injustice exception to the rule 3.850 time bar.”). As thi…
  • Theron Speights v. State, 202 So. 3d 420 (Fla. 2d DCA 2009)
    …Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Frank Quesada, Judge. PER CURIAM. Affirmed. See Speights v. State, 202 So. 3d 420 (Fla. 2d DCA 2016) (table decision); McDonald v. State, 133 So. 3d 530 (Fla. 2d DCA 2013); Doby v. State, 25 So. 3d 598 (Fla. 2d DCA 2009); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Speights v. State, 11 So. 3d 953 (Fla. 2d DCA 2009) (table decision); Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007);…

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