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133 So. 3d 530

McDonald v. State

District Court of Appeal of Florida

Decided November 6, 2013

District Court of Appeal of Florida · decided 2013-11-06

Cited by 46 later decisions — most recently June 2019 · most notably Jarrett v. State (2017), Curls v. State (2017)

40 state decisions

Relies on 54 So. 3d 1023 - Deras v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-11-06

View the full empirical analysis of this case →

SLEET, Judge.

¶1We 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.

¶2Affirmed.

NORTHCUTT and VILLANTI, JJ„ Concur.
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