Summary
holding that Montgomery "does not apply retroactively to convictions which were final before our supreme court issued that decision."
Summary of this case from Lane v. Sec'y, Dep't of Corr.Opinion
No. 4D11–1841.
2011-08-10
Daniel K. ROSS, Petitioner, v. STATE of Florida, Respondent.
Petition for writ of habeas corpus to the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Jr., Judge; L.T. Case No. 94–1100 CFA.Daniel K. Ross, Raiford, pro se. No appearance required for respondent.
Petition for writ of habeas corpus to the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Jr., Judge; L.T. Case No. 94–1100 CFA.Daniel K. Ross, Raiford, pro se. No appearance required for respondent.
PER CURIAM.
We dismiss this petition for writ of habeas corpus seeking to raise trial court errors which allegedly occurred during petitioner's jury trial in 1996. See Fla. R.Crim. P. 3.850(h) (2010) (a petition for writ of habeas corpus may not be used as a substitute for a rule 3.850 motion).
We agree that State v. Montgomery, 39 So.3d 252, 258–60 (Fla.2010), does not apply retroactively to convictions which were final before our supreme court issued that decision. Harricharan v. State, 59 So.3d 1162 (Fla. 5th DCA 2011), petition for discretionary review pending, SC11–846. See also Rozzelle v. State, 29 So.3d 1141 (Fla. 1st DCA 2009), petition for discretionary review pending, SC10–127.
Dismissed.