RAUL JESUS ROQUE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2000-03-22

No. 3D00-426

Before LEVY, FLETCHER, and RAMIREZ, JJ.

754 So. 2d 144 Florida District Court of Appeal, Third District (2000) Positive Treatment

Cited by 2 cases

Topics

Procedural Bar Direct Appeal Strickland V. Washington Standard Postconviction Relief

Explore caselaw by topic → Browse Procedural Bar cases and more on FLexlaw

Opinion of the Court

PER CURIAM.

Raul Jesus Roque appeals the trial court’s order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, and the trial court’s order denying his motion for rehearing.

We affirm the trial court’s denial of relief on the issues presented in the 3.850 petition filed October 22, 1999, because the issues are procedurally barred as they should have and could have been raised on direct appeal, see. Byrd v. State, 597 So. 2d 252, 254 (Fla.1992) (holding that post-conviction relief cannot be based on grounds which either were or could have been raised on direct appeal); Morejon v. Moore, 738 So. 2d 1034 (Fla. 3d DCA 1999)(same), or are conclusively refuted by the record, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

We have no jurisdiction to review the additional two issues raised by the defendant in his “Addendum to Motion for Post Conviction Relief’ filed four months after the original 3.850 motion and almost one month after the trial court rendered its final order denying relief on the original motion. See McConn v. State, 708 So. 2d 308 (Fla. 2d DCA 1998); Ragan v. State, 643 So. 2d 1175 (Fla. 3d DCA 1994).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Everitte L. Forbes v. State, 854 So. 2d 776 (Fla. 3d DCA 2003)

…PER CURIAM. Affirmed. See Koon v. Dugger, 619 So. 2d 246, 247 (Fla.1993); Armstrong v. State, 429 So. 2d 287 (Fla.1983); see also Roque v. State, 754 So. 2d 144 (Fla. 3d DCA), rev. denied 770 So. 2d 160 (Fla.2000).…

Authorities Cited

Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
Ragan v. State, 643 So. 2d 1175 (Fla. 3d DCA 1994)
McCONN v. State, 708 So. 2d 308 (Fla. 2d DCA 1998)
Milford Wade Byrd v. State, 597 So. 2d 252 (Fla. 1992)
Sessions v. State, 738 So. 2d 1034 (Fla. 3d DCA 1999)
Joseph v. State, 738 So. 2d 1034 (Fla. 3d DCA 1999)

Full citator, related cases, and AI research tools

Open in FLexlaw