LADONNA FLORENCE
v.
STATE OF FLORIDA
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Ladonna Florence appealed the denial of her Rule 3.850 postconviction relief motion, which was deemed time-barred. Florence sought relief based on ineffective assistance of counsel and alleged declining mental health, but the court affirmed the denial, finding she failed to establish an exception to the two-year filing deadline.
The court affirmed the denial of Florence's postconviction relief motion as time-barred. The court found that Florence failed to establish the newly discovered exception to the two-year bar, noting that her incompetency claim was not raised below and the record contained no finding of incompetency. The court left open the possibility of relief under section 947.149, Florida Statutes.
[1] A motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850 is subject to a two-year time bar.
[2] A declining mental condition may satisfy the newly discovered exception to the two-year time bar for postconviction relief if it renders the movant incompetent.
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Join FLexlaw to unlock all legal intelligence“Florence was convicted of armed robbery and burglary with an assault or battery, as a principal, and sentenced to an extensive prison term.”
Establishes the underlying convictions and sentence at issue
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Join FLexlaw to unlock all legal intelligenceFlorence was convicted of armed robbery and burglary with an assault or battery as a principal and received an extensive prison sentence. Her convicti…
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Third District Court of Appeal State of Florida
Opinion filed November 26, 2025. Not final until disposition of timely filed motion for rehearing.
No. 3D25-0136 Lower Tribunal No. F17-3115C
Ladonna Florence, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.
Ladonna Florence, in proper person.
James Uthmeier, Attorney General, and David Llanes and Yolande Marva Samerson, Assistant Attorneys General, for appellee.
Before FERNANDEZ, LINDSEY, and MILLER, JJ.
MILLER, J.
Appellant, Ladonna Florence, seeks review of an order denying her motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850 as time-barred. Florence was convicted of armed robbery and burglary with an assault or battery, as a principal, and sentenced to an extensive prison term. This court affirmed her convictions and sentences in a citation opinion in 2021. See Florence v. State, 317 So. 3d 242 (Fla. 3d DCA 2021). On November 18, 2024, Florence filed her motion for postconviction relief alleging ineffective assistance of counsel and certain circumstances, including violations of the Prison Rape Elimination Act and her declining mental health, should be considered in furtherance of mitigating her sentence.1 See 34 U.S.C. §§ 30301–30309. On appeal, Florence contends her declining mental condition rendered her incompetent thereby satisfying the newly discovered exception to the two-year bar. See Fla. R. Crim. P. 3.850(b)(1). We note that the latter claim was not raised below, and the record is devoid of any finding of incompetency; and to the extent Florence is seeking conditional medical release, we impute no error to the decision by the trial court. See Seme v. State, 327 So. 3d 383, 385–86 (Fla. 3d DCA 2021) (affirming denial of habeas corpus based on failure to
establish exception to two-year time bar). Our decision is without prejudice to pursuing relief under section 947.149, Florida Statutes (2025). See Bennett v. State, 699 So. 2d 840, 841 (Fla. 3d DCA 1997).
Affirmed.
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Ladonna Florence v. State (Fla. 3d DCA 2025)…d. Florence was convicted of armed robbery and burglary with an assault or battery, as a principal, and sentenced to an extensive prison term. This court affirmed her convictions and sentences in a citation opinion in 2021. See Florence v. State, 317 So. 3d 242 (Fla. 3d DCA 2021). On November 18, 2024, Florence filed her motion for postconviction relief alleging ineffective assistance of counsel and certain circumstances, including violations of the Prison Rape Elimination Act and her declining mental hea…1 / 2
Authorities Cited
- Donald S. Zuckerman, P.A. v. Kratish, 699 So. 2d 840 (Fla. 3d DCA 1997)
- Ladonna Florence v. State (Fla. 3d DCA 2025)