160 So. 3d 459
Fla. Dist. Ct. App.
2014

CURTIS SHULER, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 2D14-771

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Opinion filed September 12, 2014.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Catherine L. Combee, Judge.

Marc S. Reiner, Reiner Law, West Palm Beach, for Appellant.

PER CURIAM.

We affirm the postconviction court‘s order denying Curtis Shuler‘s motion for postconviction relief as untimely. See Fla. R. Crim. P. 3.850(b); McDonald v. State, 133 So. 3d 530 (Fla. 2d DCA 2013) (“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.“). As this court cannot consider arguments raised for the first time on appeal, see Connor v. State, 979 So. 2d 852, 866 (Fla. 2007), our affirmance is without prejudice to Shuler to file a motion under rule 3.800(a). See Toye v. State, 133 So. 3d 540, 547 (Fla. 2d DCA 2014).

Affirmed without prejudice.

WALLACE, KHOUZAM, and CRENSHAW, JJ., Concur.