4D09-4573-Kevin Hollingshead v. State

State: Florida

Court: Florida Southern District Court

Docket No: 4D09-4573.op

Case Date: 02/15/2012

Plaintiff: 4D09-4573-Kevin Hollingshead

Defendant: State

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2012

KEVIN HOLLINGSHEAD, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-4573 [February 15, 2012] PER CURIAM. We affirm the denial of appellant's untimely motion for postconviction relief in which he claims that his 1999 conviction for trafficking in hydrocodone is invalid pursuant to Hayes v. State, 750 So. 2d 1 (Fla. 1999). The court in Hayes held that pills with less than 15 milligrams of hydrocodone per dosage unit were a Schedule III substance that was not subject to a trafficking charge and that the amount of hydrocodone in all the pills could not be aggregated to meet the Schedule II amount for a trafficking charge.1 750 So. 2d at 4-5. In State v. Klayman, 835 So. 2d 248 (Fla. 2002), our supreme court determined that Hayes should be applied retroactively but set a time limit for such motions of two years from the date of the mandate in Klayman. Id. at 254 n.13 ("Postconviction claims for relief under Hayes must be filed within two years of the date mandate issues in the present case."). Appellant failed to file his motion within that two-year period, which closed o n January 10, 2005. Even though th e retroactivity analysis of Klayman was later overruled in State v. Barnum, 921 So. 2d
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In 2001, the Florida Legislature passed Chapter 2001-55,

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