Davis v. State

Full title: Bernard Davis, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Oct 6, 2021

No. 1D21-546 (Fla. Dist. Ct. App. Oct. 6, 2021)

Opinion

1D21-546

10-06-2021

Bernard Davis, Appellant, v. State of Florida, Appellee.

Bernard Davis, pro se, Appellant. Ashley Moody, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Leon County. J. Lee Marsh, Judge.

Bernard Davis, pro se, Appellant.

Ashley Moody, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Affirmed. See Fla. R. Crim. P. 3.850(b) (requiring a motion pursuant to this rule to be brought within two years of the movant's judgment and conviction becoming final); Mendoza v. State, 87 So.3d 644, 661 (Fla. 2011) (holding that a claim raised for the first time in an appeal from the denial of a postconviction motion is procedurally barred).

Rowe, C.J, and Lewis and Winokur, JJ, concur