DEREK ARCHIE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the trial court’s summary denial of Derek Archie’s third successive post-conviction relief motion. A successive motion pursuant to Florida Rule of Criminal Procedure 3.850 which fails to allege new or different grounds may be dismissed if there has been a prior determination upon the merits. Christopher v. State, 489 So. 2d 22 (Fla.1986); McCrae v. State, 437 So. 2d 1388 (Fla.1983); Fla.R.Crim.P. 3.850. Derek Archie relies upon the same grounds in this motion as in his two previous motions, that he was denied effective assistance of counsel. Although Archie’s first motion was denied without hearing, this court, upon Archie’s appeal, determined that he was entitled to no relief based upon the record. Archie v. State, 420 So. 2d 388 (Fla.3d DCA 1982).
Archie’s second motion was denied by the trial court as well, and we dismissed his appeal. Archie v. State, 430 So. 2d 461 (Fla.3d DCA 1983).
Since Archie raises no new grounds in this motion and there has been a prior determination upon the merits, by this court, that Archie is entitled to no relief, the trial court correctly denied this successive motion for post-conviction relief without a hearing.
Accordingly, we
Affirm.
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La Marca v. State, 547 So. 2d 350 (Fla. 3d DCA 1989)…ion. See Kennedy v. State, 547 So. 2d 912 (Fla.1989); Aldridge v. State, 503 So. 2d 1257 (Fla.1987); Booker v. State, 503 So. 2d 888 (Fla.1987); Darden v. State, 496 So. 2d 136 (Fla.1986); Adams v. State, 484 So. 2d 1216 (Fla.1986); Archie v. State, 496 So. 2d 976 (Fla. 3d DCA 1986). However, the trial court erred in ruling that defendant may not file additional 3.850 motions.2 Aikens v. State, 488 So. 2d 543 (Fla. 1st DCA), review denied, 496 So. 2d 143 (Fla.1986); Stephens v. State, 478 So. 2d 419, 420 (Fl…
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Clay OIL Corp. v. Fla. Unemployment Appeals Comm'n, 506 So. 2d 442 (Fla. 1st DCA 1987)…was on vacation when the notice was mailed to him, thus his response was several days late. The Third District reversed, concluding that notwithstanding the procedural deficiency, there was no statutory authority for imposition of the charge. Brake, 496 So. 2d 976. It is well settled that administrative agencies have no inherent authority to promulgate rules, and must derive such authority from a statutory base. S. 120.-54(14), Fla.Stat. (1985); Grove Isle, Ltd. v. State Department of Environmental Regulatio…
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Archie v. State, 994 So. 2d 1245 (Fla. 3d DCA 2008)…1983). Additionally, the petition is successive as it is the defendant’s third post-conviction appeal seeking relief based on claims of ineffective assistance of trial counsel. See Archie v. State, 420 So. 2d 388 (Fla. 3d DCA 1982); Archie v. State, 496 So. 2d 976 (Fla. 3d DCA 1986). The claims are not newly discovered. The defendant’s claims of ineffectiveness of counsel could have and should have been known at the time of trial, and definitely within two years of the date of conviction. For the above reas…
Authorities Cited
- Tortoise Island Cmtys., Inc. v. The Moorings Ass'n, Inc., 489 So. 2d 22 (Fla. 1986)
- McCRAE v. State, 437 So. 2d 1388 (Fla. 1983)
- Azell Archie and Derek Archie v. State, 420 So. 2d 388 (Fla. 3d DCA 1982)