WILLIAM J. MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2002-06-07
No. 5D02-1125
SHARP, W., PETERSON and PALMER, JJ., concur.
817 So. 2d 1072 Florida District Court of Appeal, Fifth District (2002) Positive Treatment
Cited by 2 cases
Topics
Successive Motions Procedural Bar Abuse Of Process Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We agree with the order of the circuit court judge rendered in this case which summarily denied Moore’s post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850. As the circuit court points out, Moore previously filed a motion pursuant to rule 3.850, which was denied by that court and the denial was affirmed by this court. See Moore v. State, 789 So. 2d 551 (Fla. 5th DCA 2001). Further, Moore does not allege here that the two grounds he now asserts relating to ineffective assistance of counsel were not known and could not have been known to him at the time of the earlier motion. Thus, this motion is successive and an abuse of process.

The two additional grounds Moore seeks to raise in this motion pertain to matters which could have and should have been raised on direct appeal: the legal sufficiency of the charging information, and the sufficiency of the jury instructions. These grounds, too, are procedurally barred. See, e.g., Asay v. State, 769 So. 2d 974 (Fla.2000).

AFFIRMED.

SHARP, W., PETERSON and PALMER, JJ., concur.

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  • Price v. State, 937 So. 2d 702 (Fla. 5th DCA 2006)
    …offense. The trial court correctly held that a habeas corpus petition cannot be used to litigate matters that could have [*703] and should have been raised on direct appeal. This includes the legal sufficiency of the information. See Moore v. State, 817 So. 2d 1072 (Fla. 5th DCA 2002). AFFIRMED. PLEUS, C.J., ORFINGER and MONACO, JJ., concur.…
  • Baker v. State, 155 So. 3d 422 (Fla. 3d DCA 2014)
    …ion for post-conviction relief. The grounds raised by Baker are inappropriate for a habeas petition because they could have and should have been raised on direct appeal. See Price v. State, 937 So. 2d 702, 702-03 (Fla. 5th DCA 2006); Moore v. State, 817 So. 2d 1072 (Fla. 5th DCA 2002). Additionally, if these grounds were asserted pursuant to Florida Rule of Criminal Procedure 3.850, they are time-barred. See Fla. R. Crim. P. 3.850(b). Generally, “[i]f a party seeks an improper remedy, the cause shall be treat…

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