Ashley v. State

Full title: MARION ASHLEY, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 24, 2002

814 So. 2d 515 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-2098.

April 24, 2002.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami Dade County, David C. Miller, Judge.

Marion Ashley, in proper person.

Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., GODERICH and SORONDO, JJ.

PER CURIAM.

Affirmed. Wright v. State, 711 So.2d 66 (Fla. 3d DCA 1998) (defendant precluded by doctrine of laches from bringing motion for post conviction relief where there has been lack of due diligence on the part of defendant in bringing forth claim and prejudice to the state); See State v. Oakley, 715 So.2d 956 (Fla. 4th DCA 1998) (defendant would be subject to deportation on other felony conviction regardless of plea in this case).