JOHNSON v. STATE (2021)

District Court of Appeal of Florida, Third District.

Antonio JOHNSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D21-1818

Decided: December 15, 2021

Before LINDSEY, GORDO and BOKOR, JJ.

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

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.

PER CURIAM.

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