Legal Opinion

McDonald v. State

District Court of Appeal of Florida

Decided November 6, 2013No. 2D13-653PublishedCited by 130 opinions

1Opinion of the Court

SLEET, Judge.

We affirm the postconviction court’s order summarily denying Kenneth McDonald’s postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850 because McDonald’s motion was without merit, untimely, and successive. We caution McDonald and others that the holding in Deras v. State, 54 So.3d 1023 (Fla. 3d DCA 2011), is limited to its facts and does not, in our view, create a manifest injustice exception to the rule 3.850 time bar.

Affirmed.

NORTHCUTT and VILLANTI, JJ„ Concur.

2Cases cited1 opinion

  1. Deras v. StateDistrict Court of Appeal of Florida · 2011

3Cited by130 opinions

  1. Epps v. StateDistrict Court of Appeal of Florida · 2019
  2. Shuler v. StateDistrict Court of Appeal of Florida · 2014
  3. ANTHONY JEROME THOMAS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  4. ANTHONY W. BROOM v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  5. ASCARY RODRIGUEZ v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019

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