Santiexposito v. State

Full title: Julio SANTIEXPOSITO, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Feb 2, 2022

333 So. 3d 325 (Fla. Dist. Ct. App. 2022)

Opinion

No. 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.

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) (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.