GUILLERMO FUENTES
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2024-08-07
No. 2024-0638
Stuzin, J., Logue, C.J., Lobree, J., Bokor, J.
2024 FL 9507 Florida District Court of Appeal, Third District (2024)

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Holding

Mere invocation of the words 'manifest injustice' without factual support is insufficient to overcome a procedural bar to appellate review.


Headnotes

[1] To overcome a procedural bar to appellate review based on manifest injustice, a party must allege specific facts demonstrating manifest injustice; conclusory assertions o…

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Key Quotes

“The mere incantation of the words 'manifest injustice' does not make it so. [Appellant] has failed to allege any facts—nor can he—to justify invoking the extremely limited concept of manifest injustice to excuse a procedural bar and allow us to review the merits of his instant claim.”

Court's application of the manifest injustice standard to appellant's procedurally barred claims

Facts & Procedural History

Guillermo Fuentes appealed from a circuit court decision in Miami-Dade County under Florida Rule of Appellate Procedure 9.141(b)(2), raising claims th…

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Opinion of the Court
Logue

Third District Court of Appeal State of Florida

Opinion filed August 7, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0638 Lower Tribunal No. F93-30017 ________________

Guillermo Fuentes, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.

Guillermo Fuentes, in proper person.

Ashley Moody, Attorney General, for appellee.

Before LOGUE, C.J., and LOBREE and BOKOR, JJ.

PER CURIAM.

Affirmed. See Fla. R. Crim. P. 3.850(b); Beiro v. State, 289 So. 3d 511,

Footnotes
2 511–12 (Fla. 3d DCA 2019) (“The mere incantation of the words ‘manifest injustice’ does not make it so. [Appellant] has failed to allege any facts—nor can he—to justify invoking the extremely limited concept of manifest injustice to excuse a procedural bar and allow us to review the merits of his instant claim.”).

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