Daniel K. ROSS, Petitioner, v. STATE of Florida, Respondent
Florida District Court of Appeal
· August 10, 2011 · Docket No. 4D11-1841
82 So. 3d 975
Syllabus
Daniel K. ROSS, Petitioner, v. STATE of Florida, Respondent. No. 4D11-1841. District Court of Appeal of Florida, Fourth District. Aug. 10, 2011. Daniel K. Ross, Raiford, pro se. No appearance required for respondent.
Full Opinion (753 characters)
PER CURIAM. We dismiss this petition for writ of habe-as 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 8.850 motion). We agree that State v. Montgomery, 89 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. DAMOORGIAN, CIKLIN and GERBER, JJ., concur.
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