From Casetext: Smarter Legal Research

Pernell v. State

District Court of Appeal of Florida, Third District
Sep 1, 2006
937 So. 2d 234 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D06-1521.

September 1, 2006.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, William Thomas, Judge.

Curtis Kendall Pernell, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GERSTEN, GREEN, and SUAREZ, JJ.


The defendant appeals the trial court's denial of his motion for post conviction relief claiming newly discovered evidence. We affirm because the defendant's claim regarding gain time has been previously litigated, Pernell v. State, 855 So.2d 66 (Fla. 3d DCA 2003), is untimely, and does not qualify as newly discovered evidence. See Fla.R.Crim.P. 3.850; Blanco v. State, 702 So.2d 1250 (Fla. 1997).

Affirmed.


Summaries of

Pernell v. State

District Court of Appeal of Florida, Third District
Sep 1, 2006
937 So. 2d 234 (Fla. Dist. Ct. App. 2006)
Case details for

Pernell v. State

Case Details

Full title:Curtis Kendall PERNELL, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 1, 2006

Citations

937 So. 2d 234 (Fla. Dist. Ct. App. 2006)