BENITO TORRES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the trial court's denial of Torres's successive and untimely Rule 3.850 postconviction motion and his mandamus petition seeking free copies of court records.
A successive and untimely Rule 3.850 motion attacking a conviction that became final in 1984 may be properly denied, and a mandamus petition to compel the clerk to furnish free copies of court records lacks merit.
[1] A successive Rule 3.850 motion attacking a conviction that became final years earlier may be denied as both successive and untimely when the matters raised could have bee…
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Join FLexlaw to unlock all legal intelligenceTorres filed a Rule 3.850 motion on August 3, 1989, attacking a conviction that became final in 1984, followed by a supplemental motion and motion for…
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PER CURIAM.
Benito Torres appeals two circuit court orders entered in connection with his efforts to obtain postconviction relief.
On August 3, 1989, Torres filed a motion pursuant to Florida Rule of Criminal Procedure 3.850. It is clear from the record on appeal that this was not Torres’s first 3.850 motion in this case, and he was attacking a conviction which became final in 1984. A “supplemental” motion was filed some days later. Neither of these pleadings, nor a later motion for rehearing, suggested any reason why the matters raised therein could not have been covered at an earlier time. Thus the trial court properly denied the motion as both successive and untimely. Tanner v. State, 502 So. 2d 1008 (Fla. 2d DCA 1987); Wilkinson v. State, 504 So. 2d 29 (Fla. 2d DCA 1987).
The second order under review denied Torres’s petition for mandamus and/or prohibition, which he filed on October 16,1989, naming the clerk of the circuit court as respondent. Torres sought to compel the clerk to furnish free copies of various court records, apparently to facilitate preparation of still more postconviction pleadings. The circuit court properly denied this petition. Carr v. State, 495 So. 2d 282 (2d DCA 1986).
Affirmed. DANAHY, A.C.J., and SCHOONOVER and ALTENBERND, JJ., concur.
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Citator
Cited By
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McCONN v. State, 708 So. 2d 308 (Fla. 2d DCA 1998)…motion); Ragan v. State, 643 So. 2d 1175 (Fla. 3d DCA 1994) (successive motion constituted an abuse where movant failed to demonstrate facts to support his new claim could not have been known to him at the time of the prior motion); Torres v. State, 554 So. 2d 1230 (Fla. 2d DCA 1990) (trial court properly denied a successive motion for postconviction relief where no reason was giyen for failure to raise the issue in a prior postconviction motion). If the two-year time period has expired, the trial court can p…
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Washington v. State, 876 So. 2d 1233 (Fla. 5th DCA 2004)…So. 2d 1236, 2004 WL 439879 (Fla. March 11, 2004); Spratling v. State, 851 So. 2d 228 (Fla. 1st DCA 2003). More importantly, the petition is successive and thus an abuse of process. See Spaziano v. State, 545 So. 2d 843 (Fla.1989); Torres v. State, 554 So. 2d 1230 (Fla. 2d DCA 1990). After Washington appealed from the criminal judgment and this court affirmed without opinion,2 he filed a motion for post-conviction relief, asserting twenty grounds for finding ineffective assistance of trial counsel. The trial…
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Atkinson v. State, 597 So. 2d 983 (Fla. 1st DCA 1992)…PER CURIAM. AFFIRMED. See Torres v. State, 554 So. 2d 1230 (Fla. 2d DCA 1990). JOANOS, C.J., and MINER and KAHN, JJ., concur.…
Authorities Cited
- Carr v. State, 495 So. 2d 282 (Fla. 2d DCA 1986)
- Tanner v. State, 502 So. 2d 1008 (Fla. 2d DCA 1987)
- Wilkinson v. State, 504 So. 2d 29 (Fla. 2d DCA 1987)