TEDDER v. STATE

No. 5D08-4510.

12 So.3d 265 (2009)

Mack Reed TEDDER, II, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 9, 2009.


Attorney(s) appearing for the Case

Mack Reed Tedder, II, Polk City, pro se.

Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


LAWSON, J.

In an attempt to collaterally attack his 33-year-old first degree murder conviction, Mack Reed Tedder, II, filed a declaratory judgment action alleging defects in the underlying information charging him with murder. The trial court dismissed the complaint, and we affirm. Tedder's collateral attack is time-barred under Florida Rule of Criminal Procedure 3.850, and a defendant cannot circumvent that rule by filing a civil action for declaratory judgment....

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