David Moore, Jr. v. State

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…