# McDonald v. State

> District Court of Appeal of Florida · November 6, 2013 · 133 So. 3d 530

URL: https://www.frixlaw.com/law-library/cases/4809216

## Case

- **Full name:** Kenneth McDONALD v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** November 6, 2013
- **Citations:** 133 So. 3d 530; 2013 Fla. App. LEXIS 17645; 2013 WL 5927737
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Sleet
- **Judges:** Northcutt, Sleet, Villanti
- **Cited by:** 130 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4809216

## Opinion text

SLEET, Judge.
We affirm the postconviction court’s order summarily denying Kenneth McDonald’s postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850 because McDonald’s motion was without merit, untimely, and successive. 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.
Affirmed.
NORTHCUTT and VILLANTI, JJ„ Concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4809216. Public record. Not legal advice.