Opinion
No. 2D13–6132.
2014-08-27
Scottie Lee WHITE, Appellant, v. STATE of Florida, Appellee.
Scottie Lee White, pro se.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pasco County; Linda Babb, Judge.
Scottie Lee White, pro se.
NORTHCUTT, Judge.
We affirm the postconviction court's denial of Scottie Lee White's petition for writ of habeas corpus, which the court appropriately treated as an untimely motion filed under Florida Rule of Criminal Procedure 3.850. White claimed that the trial court committed fundamental error when it gave an erroneous instruction on voluntary manslaughter, citing State v. Montgomery, 39 So.3d 252, 257–58 (Fla.2010). We write only to observe that the postconviction court properly rejected this contention on the ground that the Montgomery case does not apply retroactively to cases that were final before it issued. See Mendoza v. State, 93 So.3d 458, 458 (Fla. 4th DCA 2012); Harricharan v. State, 59 So.3d 1162, 1163 (Fla. 5th DCA 2011).
Affirmed.