SCOTT A. ROGERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SCOTT A. ROGERS, APPELLANT,
STATE OF FLORIDA, APPELLEE
831 So. 2d 680
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Scott A. Rogers appeals from the trial court’s order summarily denying his rule 3.850 motion for postconviction relief.
We affirm the trial court’s order, but do so without prejudice to appellant filing a 3.850 motion for postconviction relief raising the claim of whether appellant’s speedy trial rights were violated, as he raised this claim for the first time in his motion for rehearing. See Johnson v. State, 782 So. 2d 486 (Fla. 2d DCA 2001). Any such motion raising this claim should not be deemed successive. Id.
POLEN, C.J., FARMER and HAZOURI, JJ., concur.
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Citator
Cited By
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Green v. State, 832 So. 2d 199 (Fla. 4th DCA 2002)…PER CURIAM. Affirmed. See Hersey v. State, 831 So. 2d 679 (Fla. 5th DCA 2002), affd on reh’g, 831 So. 2d 680 (Fla. 5th DCA Sept.20, 2002). GUNTHER, KLEIN and GROSS, JJ., concur.…
Authorities Cited
- Johnson v. State, 782 So. 2d 486 (Fla. 2d DCA 2001)