SCOTTIE LEE WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
We affirm the postconviction court’s denial of Scottie Lee White’s petition for writ of habeas corpus, which the court appropriately treated as an untimely motion filed under Florida Rule of Criminal Procedure 3.850. White claimed that the trial court committed fundamental error when it gave an erroneous instruction on voluntary manslaughter, citing State v. Montgomery, 39 So.3d 252, 257-58 (Fla.2010). We write only to observe that the postcon-viction court properly rejected this contention on the ground that the Montgomery case does not apply retroactively to cases that were final before it issued. See Mendoza v. State, 93 So.3d 458, 458 (Fla. 4th DCA 2012); Harricharan v. State, 59 So.3d 1162, 1163 (Fla. 5th DCA 2011).
Affirmed.
SILBERMAN and KELLY, JJ., Concur.
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Penton v. Sec'y, Dep't of Corrections(Pasco County) (M.D. Fla. 2025)…of whether trial counsel was ineffective for advising Defendant not to testify is addressed under Ground One. For the purpose of ruling on Ground Four, claims that are “conclusively refuted by the record” are denied. Velazguez v. State, 161 So. 3d 526, 527 (Fla. 5th DCA 2014) (emphasis added). Fla. R. Crim. P. 3.850(f)(5). Detective Koenig's uncontested testimony on the record that he neither threatened Defendant nor promised him anything directly refutes Defendant's allegation th…
Authorities Cited
- State v. Montgomery, 39 So. 3d 252 (Fla. 2010)
- Harricharan v. State, 59 So. 3d 1162 (Fla. 5th DCA 2011)
- Mendoza v. State, 93 So. 3d 458 (Fla. 4th DCA 2012)