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126 So. 3d 389

Wesley v. State

District Court of Appeal of Florida

Decided October 30, 2013

District Court of Appeal of Florida · decided 2013-10-30

Cited by 1 later decisions — most recently November 2017

1 state decisions

Relies on 878 So. 2d 1236 - Baker v. State · 39 So. 3d 252 - State v. Montgomery · 82 So. 3d 975 - Ross v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-10-30

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PER CURIAM.

¶1We affirm the trial court’s order summarily denying appellant’s untimely and successive postconviction challenge. A petition for writ of habeas corpus cannot be used to circumvent the procedural bars. Baker v. State, 878 So.2d 1236, 1241 (Fla.2004). Further, appellant’s claim of error under State v. Montgomery, 39 So.3d 252, 257-58 (Fla.2010), is without merit. Montgomery is not retroactive. Ross v. State, 82 So.3d 975, 976 (Fla. 4th DCA 2011). Montgomeryalso does not authorize untimely postconviction relief.

¶2Affirmed.

WARNER, TAYLOR and LEVINE, JJ., concur.
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