Pernell v. State, 3D06-1521.

• Decision Date: 01 September 2006
• Docket Number: No. 3D06-1521.,3D06-1521.
• Citation: 937 So.2d 234
• Parties: Curtis Kendall PERNELL, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

937 So.2d 234

Curtis Kendall PERNELL, Appellant, v. The STATE of Florida, Appellee.

No. 3D06-1521.

District Court of Appeal of Florida, Third District.

September 1, 2006.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, William Thomas, Judge.

Curtis Kendall Pernell, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GERSTEN, GREEN, and SUAREZ, JJ.

PER CURIAM.

The defendant appeals the trial court's denial of his motion for post conviction relief claiming newly discovered evidence. We affirm because the defendant's claim regarding gain time has been previously litigated, Pernell v. State, 855 So.2d 66 (Fla. 3d DCA 2003), is untimely, and does not qualify as newly discovered evidence. See Fla. R.Crim. P. 3.850; Blanco v. State, 702 So.2d 1250 (Fla.1997).

Affirmed.