THOMAS K. PENN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS K. PENN, APPELLANT,
STATE OF FLORIDA, APPELLEE
688 So. 2d 450
Florida District Court of Appeal, Fifth District (1997)
Positive Treatment
Cited by 10 cases
Opinion of the Court
SHARP, W., Judge.
Penn appeals from the summary denial of his Rule 3.850 motion for post-conviction relief. This is his third motion filed pursuant to Rule 3.850. He seeks to raise the claims that his plea entered below was involuntary and that he had ineffective assistance of counsel. However, Penn made no showing why he could not or should not have raised these grounds in his original Rule 3.850 motion.
We affirm the summary denial of this Rule 3.850 motion. It is successive and improper. See Foster v. State, 614 So. 2d 455 (Fla.1992).
AFFIRMED.
HARRIS and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Seain C. Hull v. State, 708 So. 2d 692 (Fla. 5th DCA 1998)…PER CURIAM. AFFIRMED. See Fla. R.Crim. P. 3.850(f). See also Penn v. State, 688 So. 2d 450 (Fla. [*693] 5th DCA 1997); O’Brien v. State, 689 So. 2d 336 (Fla. 5th DCA), rev. denied, 697 So. 2d 511 (Fla.1997); Bradley v. State, 703 So. 2d 1176 (Fla. 5th DCA 1997). GRIFFIN, C.J., and DAUKSC.H and W. SHARP, JJ., concur.…
-
Tillery v. State, 705 So. 2d 722 (Fla. 5th DCA 1998)…opinion. See Tillery v. State, 702 So. 2d 509 (Fla. 5th DCA 1997). His successive post-conviction motion was thus improper. Foster v. State, 614 So. 2d 455 (Fla.1992), cert. denied, 510 U.S. 951, 114 S.Ct. 398, 126 L.Ed.2d 346 (1993); Penn v. State, 688 So. 2d 450 (Fla. 5th DCA 1997). Accordingly, we affirm the denial thereof, but write to draw Tillery’s attention to O’Brien v. State, 689 So. 2d 336 (Fla. 5th DCA) (Criminal Appeal Reform Act of 1996 requires that procedural bars to collateral review be strict…
-
Williams v. State, 706 So. 2d 137 (Fla. 5th DCA 1998)…t and sentence became final. Fla. R.App. P. 3.850(b). We also agree with the trial court that this motion, even if not time barred, is proeedurally barred because it is successive. See, e.g., Mills v. State, 684 So. 2d 801 (Fla.1996); Penn v. State, 688 So. 2d 450 (Fla. 5th DCA 1997); § 924.051(9), Fla. Stat. (Supp.1996). Williams previously filed a rule 3.850 motion with the trial court and the denial of that motion was affirmed by this court. See Williams v. State, 663 So. 2d 641 (Fla. 5th DCA 1995). Willia…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Foster v. State, 614 So. 2d 455 (Fla. 1992)