Johnson v. State

Full title: Antonio Johnson, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Dec 15, 2021

No. 3D21-1818 (Fla. Dist. Ct. App. Dec. 15, 2021)

Opinion

3D21-1818

12-15-2021

Antonio Johnson, Appellant, v. The State of Florida, Appellee.

Antonio Johnson, in proper person. Ashley Moody, Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lower Tribunal No. F93-9615 Robert T. Watson, Judge.

Antonio Johnson, in proper person.

Ashley Moody, Attorney General, for appellee.

Before LINDSEY, GORDO and BOKOR, JJ.

PER CURIAM.

We write only to emphasize the two-year limitation under Florida Rule of Criminal Procedure 3.850(b) and the point raised previously by this Court and echoed by the trial court: "The mere incantation of the words 'manifest injustice' does not make it so. [Petitioner] has failed to allege any facts-nor can he-to justify invoking the extremely limited concept of manifest injustice to excuse a procedural bar and allow us to review the merits of his instant claim." Garcia-Manriquez v. State, 317 So.3d 1203, 1203 (Fla. 3d DCA 2021) (quoting Beiro v. State, 289 So.3d 511, 511-12 (Fla 3d DCA 2019)).

Affirmed.