01-2098 ASHLEY V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d01-2098

Case Date: 04/24/2002

Plaintiff: 01-2098 ASHLEY

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002 MARION ASHLEY, Appellant, vs. THE STATE OF FLORIDA, Appellee. ** ** ** ** ** CASE NO. 3D01-2098 LOWER TRIBUNAL NO. 92-12874

Opinion filed April 24, 2002. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Marion Ashley, in proper person. Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., GODERICH and SORONDO, JJ. PER CURIAM. Affirmed. Wright v. State, 711 So. 2d 66 (Fla. 3d DCA 1998)(defendant precluded by doctrine of laches from bringing motion for post conviction relief where there has been lack of due diligence on the part of defendant in bringing forth claim and prejudice to the state); See State v. Oakley, 715 So. 2d 956 (Fla. 4th DCA 1998)(defendant would be subject to deportation on other felony conviction regardless of plea in this case).

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