Perie v. State

WALLACE, Judge.

We affirm the postconviction court’s summary denial of John Frederick Perie’s motion filed under Florida Rule of Criminal Procedure 3.850 as untimely filed. We agree with the First District that Missouri v. Frye, — U.S. -, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012), and Lafler v. Cooper, — U.S. -, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012), do not establish a new fundamental constitutional right as contemplated by rule 3.850(b)(2) and thus do not provide an exception to the two-year time limit for filing a timely postconviction motion. See Simmons v. State, 104 So.3d 1185, 1186-87…