RUFUS HAMPTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-08-28
No. 4D02-3033
STONE, WARNER and SHAHOOD, JJ., concur.
825 So. 2d 477 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 1 case

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Holding

The court held that the motion for post-conviction relief was untimely and based on previously known evidence, warranting dismissal.


Facts & Procedural History

Appellant filed a sixth motion for post-conviction relief alleging actual innocence based on a newly discovered affidavit. The trial court noted the a…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Rufus Hampton has filed an appeal of the trial court’s order dismissing and denying his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The trial court advises that this is his sixth such motion.

In this motion, appellant alleges his “actual innocence” based on purportedly newly discovered evidence in the form of an affidavit of Cornell Hollerman. As the trial court points out, appellant attached a similar affidavit of Hollerman signed April, 1997 in a rule 3.800(a) motion to correct illegal sentence filed in 1999. The trial court pointed out-that this “newly discovered evidence” was known to appellant at the time he filed at least three of his prior motions for post-conviction relief. While the affidavit may not have entitled appellant to relief under rule 3.800(a), this demonstrates that appellant knew of the affidavit at least as early as 1999.

This motion is patently untimely, since appellant knew of the motion more than two years before he filed this latest motion for post-conviction relief asserting newly discovered evidence. See Adams v. State, 543 So. 2d 1244 (Fla.1989).

For these reasons, we affirm the trial court’s dismissal and denial of the motion for post-conviction relief. We add that appellant is precluded from filing any more appeals, pleadings, motions or petitions asserting newly discovered evidence based on this Hollerman affidavit.

STONE, WARNER and SHAHOOD, JJ., concur.


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Citator

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  • Adir Acevedo v. State, 994 So. 2d 1190 (Fla. 3d DCA 2008)
    …PER CURIAM. Affirmed. See Hampton v. State, 825 So. 2d 477 (Fla. 4th DCA 2002).…

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