KEITH RICHARD HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEITH RICHARD HARRIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
540 So. 2d 124
Florida District Court of Appeal, Fourth District (1988)
Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
ANSTEAD, GLICKSTEIN and DELL, JJ., concur.
Other
We deny appellant’s petition for rehearing. The trial court did not err when it denied appellant’s April 10,1987 motion for post-conviction relief. The record supports the trial court’s finding that the April 10, 1987 motion was untimely because the November, 1986 motion upon which appellant relies, was not filed. The record also shows that the April, 1987 motion raises the same grounds as those raised in prior motions for post-conviction relief and therefore constitutes a successive motion in violation of Rule 3.850, Florida Rules of Criminal Procedure.
REHEARING DENIED.
ANSTEAD, GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Webster v. State, 549 So. 2d 784 (Fla. 4th DCA 1989)…PER CURIAM. We clarify our opinion dated February 15, 1989, 540 So. 2d 124, by specifically providing instructions upon remand that, inasmuch as this court reversed appellant’s conviction of second-degree felony murder of the driver of the getaway car, Lawrence Hargrett, because of an insufficiency of [*785] the evidence,…
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Lampley v. State, 540 So. 2d 130 (Fla. 4th DCA 1989)…pealed separately, using different counsel. Although the two appeals were heard by separate panels, both cases involve the critical common issue of whether second degree felony murder may properly lie. The decision of this issue in Webster v. State, 540 So. 2d 124, which is also filed today, applies here as well. Accordingly, we reverse the defendant’s conviction for second degree felony murder for the reasons discussed in Webster. We have considered appellant’s remaining arguments as to his other convictio…
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Cedrick Craft v. State, 685 So. 2d 1024 (Fla. 3d DCA 1997)…PER CURIAM. Affirmed. As to ground one of the defendant’s motion, see State v. Dene, 533 So. 2d 265 (Fla.1988); Webster v. State, 540 So. 2d 124, 128 (Fla. 4th DCA), clarified, 549 So. 2d 784 (Fla. 4th DCA 1989); and Edwards v. State, 443 So. 2d 306 (Fla. 3d DCA 1983). As to ground two, see Downs v. State, 616 So. 2d 444 (Fla.1993). For ground three, see Anderson v. State, 467 So. 2d 781 (Fl…