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133 So. 3d 530
Fla. Dist. Ct. App.
2013
SLEET, Judge.

We affirm the postconviction court’s order summarily denying Kenneth McDonald’s postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850 because McDonald’s motion was without merit, untimely, and successive. We caution McDonald and others that the holding in Deras v. State, 54 So.3d 1023 (Fla. 3d DCA 2011), is limited to its facts and does not, in our view, create a manifest injustice exception to the rule 3.850 time bar.

Affirmed.

NORTHCUTT and VILLANTI, JJ„ Concur.

Case Details

Case Name: McDonald v. State
Court Name: District Court of Appeal of Florida
Date Published: Nov 6, 2013
Citations: 133 So. 3d 530; 2013 Fla. App. LEXIS 17645; 2013 WL 5927737; No. 2D13-653
Docket Number: No. 2D13-653
Court Abbreviation: Fla. Dist. Ct. App.
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