Santiexposito v. State

Full title: Julio Santiexposito, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Feb 2, 2022

No. 3D21-1424 (Fla. Dist. Ct. App. Feb. 2, 2022)

Opinion

3D21-1424

02-02-2022

Julio Santiexposito, Appellant, v. The State of Florida, Appellee.

Julio Santiexposito, in proper person. Ashley Moody, Attorney General, for appellee.

HENDON, J.

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lower Tribunal No. F16-3147 Carmen Cabarga, Judge.

Julio Santiexposito, in proper person.

Ashley Moody, Attorney General, for appellee.

Before LOGUE, HENDON and LOBREE, JJ.

HENDON, J.

The issues raised by the defendant are procedurally barred as they should have and could have been raised on direct appeal, see Byrd v. State, 597 So.2d 252, 254 (Fla.1992) 1 (holding that post-conviction relief cannot be based on grounds which either were or could have been raised on direct appeal); Morejon v. Moore, 738 So.2d 1034 (Fla. 3d DCA 1999) (same), or are conclusively refuted by the record, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Affirmed. 2