Legal Opinion

Parks v. State

District Court of Appeal of Florida

Decided November 28, 2012No. 4D11-3665PublishedCited by 7 opinions

1Per curiam

Defendant filed a motion for postconviction relief challenging his conviction for rape, which became final in 1970. The trial court denied the motion as untimely and successive. We affirm.

Defendant’s motion did not present any valid exceptions to the time limitations under the rule. See Fla. R.Crim. P. 3.850(b). Further, Defendant’s motion was successive as the claims could have been raised in one of his previous motions. See Baker v. State, 878 So.2d 1236, 1243-44 (Fla.2004).

Finally, Defendant’s claim alleging deficiency in the charging instrument is frivolous. See Logan v. State, 1 So.3d…

2Cases cited3 opinions

  1. Baker v. StateSupreme Court of Florida · 2004
  2. State v. SpencerSupreme Court of Florida · 1999
  3. Logan v. StateDistrict Court of Appeal of Florida · 2009

3Cited by7 opinions

  1. Schultheis v. StateDistrict Court of Appeal of Florida · 2013
  2. Tukes v. StateDistrict Court of Appeal of Florida · 2013
  3. Golfe v. StateDistrict Court of Appeal of Florida · 2013
  4. Sears v. StateDistrict Court of Appeal of Florida · 2013
  5. Grant v. StateDistrict Court of Appeal of Florida · 2013

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