BYRON J. TISDOL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-08-14
No. 3D01-3439
Before JORGENSON, GODERICH, and SHEVIN, JJ.
823 So. 2d 300 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

[*301] PER CURIAM.

Affirmed. See Smith v. State, 685 So. 2d 912 (Fla. 5th DCA 1996)(“[W]here, as here, a defendant raises an issue under Rule 3.800, the lower court denies relief and the defendant fails to appeal, he may not later raise the same issue in another Rule 3.800 motion”).

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  • State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
    …ve motions, we hold that where, as here, a defendant raises an issue under rule 3.800, the lower court denies relief and the defendant fails to appeal, he may not later raise the same issue in another rule 3.800 motion.” Id. Accord Tis-dol v. State, 823 So. 2d 300, 301 (Fla. 3d DCA 2002); see also Jenkins v. State, 749 So. 2d 527, 528 (Fla. 1st DCA 1999) (noting that a defendant may not raise the same illegal sentencing issue in successive post-conviction motions); Price v. State, 692 So. 2d 971, 971 (Fla. 2d…
  • Garcia v. State, 69 So. 3d 1003 (Fla. 3d DCA 2011)
    …essive motions, we hold that where, as here, a defendant raises an issue under rule 3.800, the lower court denies relief and the defendant fails to appeal, he may not later raise the same issue in another rule 3.800 motion”); accord Tisdol v. State, 823 So. 2d 300, 301 (Fla. 3d DCA 2002); see also Jenkins v. State, 749 So. 2d 527, 528 (Fla. 1st DCA 1999) (noting that a defendant may not raise the same illegal sentencing issue in successive postcon-viction motions); Price v. State, 692 So. 2d 971, 971 (Fla. 2d…

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