Michael R. Everett v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MICHAEL ROBERT EVERETT, Appellant, v. Case No. 5D14-1645 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 22, 2015 Appeal from the Circuit Court for Flagler County, J. David Walsh, Judge. Michael Robert Everett, Daytona Beach, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. HARRIS, C.M., Senior Judge. In 2008, Michael Everett was convicted of first-degree felony murder and burglary of a dwelling with a battery while armed with a deadly weapon. This court, in Everett v. State, 114 So. 3d 956 (Fla. 5th DCA 2011), reversed the burglary conviction because Everett was convicted of a first-degree burglary offense when he was actually charged with second-degree burglary. We reversed for entry of a corrected judgment and resentencing. Everett's new claims of deficient representation are either insufficient, untimely, or both. AFFIRMED. ORFINGER and BERGER, JJ., concur. 2

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