Opinion
No. SC13–1949.
2014-11-25
Robin Lee ARCHER, Appellant(s) v. STATE of Florida, Appellee(s).
Robin Lee Archer, a prisoner under a sentence of death, appeals the summary denial of his successive motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. This Court affirmed Archer's conviction and remanded for resentencing in Archer v. State, 613 So.2d 446, 447 (Fla.1993). This Court affirmed Archer's death sentence in Archer v. State, 673 So.2d 17 (Fla.1996)). The denial of postconviction relief was affirmed and his petition for a writ of habeas corpus was denied in Archer v. State, 934 So.2d 1187 (Fla.2006).
On June 6, 2013, Archer filed a successive postconviction motion, alleging newly discovered evidence that supported the claims in his initial postconviction motion. The postconviction court summarily denied the claim, finding it to be facially insufficient, and untimely.
Because Archer's claims below were insufficiently pleaded, facially insufficient, and untimely, we find that the circuit court's failure to hold a case status conference pursuant to Florida Rule of Criminal Procedure 3.851(f)(5)(B), or a hearing pursuant to Huff v. State, 622 So.2d 982 (Fla.1993), was harmless error. See Sochor v. State, 22 So.3d 68 (Fla.2009); Marek v. State, 14 So.3d 985 (Fla.2009) (“The failure to hold a [case management conference] hearing on a successive postconviction motion that is legally insufficient on its face is harmless error.”). Likewise, because Archer did not allege that any of the individuals interviewed for the book changed or recanted previous testimony, nor that anyone new had come forward, we find that the circuit court properly summarily denied Archer's successive postconviction motion. See Jackson v. State, ––– So.3d ––––, 2014 WL 2516326, at (Fla. June 5, 2014) (citing Valentine v. State, 98 So.3d 44, 54 (Fla.2012)). Accordingly, the trial court's denial of postconviction relief is hereby affirmed.
It is so ordered. POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur.