Markland v. State

Full title: PETER MARKLAND, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jul 21, 1999

742 So. 2d 325 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1639.

Opinion filed July 21, 1999. Rehearing Denied October 13, 1999.

An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Pedro P. Echarte, Jr., Judge, L.T. No. 90-34718.

Peter Markland, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before COPE, LEVY and GREEN, JJ.

PER CURIAM.

Appellant's claims under Florida Rule of Criminal Procedure 3.850 are time-barred. See id. R. 3.850(b). None of appellant's claims qualify under Florida Rule of Criminal Procedure 3.800(a). As to the double jeopardy claims,see Novaton v. State 634 So.2d 607 (Fla. 1994). As to the claims based on State v. Gray, 654 So.2d 552 (Fla. 1995), see State v. Woodley, 695 So.2d 297, 298 (Fla. 1997) (stating that the decision inGray is not retroactive).

Affirmed.