Maxwell v. State

ON MOTION FOR REHEARING

We grant the motion for rehearing filed by the State of Florida, vacate and withdraw the opinion issued in this case on July 20, 2011, and substitute the following opinion in its place:

We affirm the trial court’s order denying Rudolph Maxwell’s petition for habeas corpus. The Florida Supreme Court’s decision in State v. Montgomery, 39 So.3d 252 (Fla.2010) was rendered well after Maxwell’s convictions and sentences were final,1 and it is not retroactively applicable. See Witt v. State, 387 So.2d 922 (Fla.1980); see, e.g., Harricharan v. State, 59 So.3d 1162 (Fla. 5th DCA…