SANTIEXPOSITO v. STATE (2022)

District Court of Appeal of Florida, Third District.

Julio SANTIEXPOSITO, Appellant, v. The STATE of Florida, Appellee.

No. 3D21-1424

Decided: February 02, 2022

Before LOGUE, HENDON and LOBREE, JJ.

Julio Santiexposito, in proper person. Ashley Moody, Attorney General, for appellee.

The issues raised by the defendant are procedurally barred as they should have and could have been raised on direct appeal, see Byrd v. State, 597 So. 2d 252, 254 (Fla.1992) (holding that post-conviction relief cannot be based on grounds which either were or could have been raised on direct appeal); Morejon v. Moore, 738 So. 2d 1034 (Fla. 3d DCA 1999) (same), or are conclusively refuted by the record, see Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.2d 674 (1984).

Affirmed.

HENDON, J.

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