CHRISTOPHER DOYLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2000-12-08
No. 5D00-1845
PETERSON and SAWAYA, JJ„ concur.
772 So. 2d 607 Florida District Court of Appeal, Fifth District (2000) Positive Treatment
Cited by 2 cases
Opinion of the Court
GRIFFIN, J.

ON MOTION FOR REHEARING

GRIFFIN, J.

Appellant’s Motion for Rehearing is granted. We withdraw our prior opinion and substitute the following opinion in its stead.

We affirm the denial of appellant’s second Florida Rule of Criminal Procedure Rule 3.850 motion as successive. Appellant may, however, seek a belated appeal of the denial of his first rule 3.850 motion. See Allen v. State, 707 So. 2d 381 (Fla. 5th DCA 1998).

AFFIRMED.

PETERSON and SAWAYA, JJ„ concur.

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  • Hastings v. State, 788 So. 2d 342 (Fla. 5th DCA 2001)
    …ings’ motion is not sworn to, as required [*343] by Florida Rule of Judicial Administration 2.160(c). Hastings’ motion to enforce the plea agreement is procedurally barred as a successive 3.850 motion for post-conviction relief. See Doyle v. State, 772 So. 2d 607 (Fla. 5th DCA 2000). Hastings has now filed five appeals from five 3.850 rulings in the court below pertaining to the same case. Based on Hastings’ numerous and successive meritless pro se filings, we hold that he is precluded from filing any additi…

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