DAVID MOORE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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 the two-year time limitation only “where the fundamental constitutional right asserted was not established within the period provided for herein and has been held to apply retroactively, and the claim is made within 2 years of the date of the mandate of the decision announcing the retroactivity.” Neither Alcorn nor any decision since its rendition has held that it is to be applied retroactively, nor does it appear that Alcorn meets the retroactivity *645test announced in Witt v. State, 387 So.2d 922 (Fla.1980).
Affirmed.
DAMOORGIAN, C.J., WARNER and GERBER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Calderon v. State, 160 So. 3d 108 (Fla. 4th DCA 2015)…PER CURIAM. Affirmed. See Moore v. State, 152 So. 3d 644 (Fla. 4th DCA 2014). GROSS, MAY and CIKLIN, JJ., concur.…
Authorities Cited
- Witt v. State, 387 So. 2d 922 (Fla. 1980)
- Alcorn v. State, 121 So. 3d 419 (Fla. 2013)
- Tolbert v. State, 114 So. 3d 291 (Fla. 4th DCA 2013)
- Moore v. State, 114 So. 3d 291 (Fla. 4th DCA 2013)