Robinson v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 WILLIE ROBINSON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-3841 [November 15, 2006] PER CURIAM. Affirmed. Appellant s motion for postconviction relief was untimely and successive. In addition, his claim based upon Roberts v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004), rev. denied sub nom. State v. West, 892 So. 2d 1014 (Fla. 2005), is also barred, as Roberts does not apply retroactively. See Ulcena v. State, 925 So. 2d 346 (Fla. 4th DCA 2006). WARNER, FARMER and MAY, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 96-21095 CF10A. Willie Robinson, Florida City, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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