CURTIS JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The order denying as successive appellant’s Florida Rule of Criminal Procedure 3.800(a) motion is affirmed. Although we find the motion was not successive and barred by collateral estoppel, the motion failed to state a legally sufficient claim under rule 3.800(a).
Accordingly, affirmance is without prejudice for appellant to again seek relief in the trial court through a rule 3.800(a) motion that specifically identifies non-hearsay, record evidence supporting the claim of a violation of Hale v. State, 630 So. 2d 521 (Fla.1993).
See Burgess v. State, 831 So. 2d 137 (Fla.2002); Brown v. State, 806 So. 2d 627 (Fla. 4th DCA 2002); Nelson v. State, 855 So. 2d 132 (Fla. 4th DCA 2003); Speas v. State, 887 So. 2d 416 (Fla. 2d DCA 2004).
FARMER, C.J., POLEN and GROSS, JJ., concur.
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Citator
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Taylor v. State, 969 So. 2d 489 (Fla. 5th DCA 2007)…lly sufficient rule 3.800(a) claim asserting a Hale violation, the defendant must identify with particularity the non-hearsay record documents that support his claim. See, e.g., Lauramore v. State, 949 So. 2d 307 (Fla. 1st DCA 2007); Jones v. State, 894 So. 2d 1070 (Fla. 4th DCA 2005); Speas v. State, 887 So. 2d 416 (Fla. 2d DCA 2004). We adopt this pleading standard. We believe that this standard will discourage defendants from filing obviously frivolous motions and will ensure that busy trial judges do not h…
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Jackson v. State, 916 So. 2d 37 (Fla. 4th DCA 2005)…file a rule 3.800(a) motion raising his [*38] Hale1 challenge if he can demonstrate in that motion that he is entitled to relief without the need for an evidentiary hearing and that entitlement is clear on the face of the record. See Jones v. State, 894 So. 2d 1070 (Fla. 4th DCA 2005); Nelson v. State, 855 So. 2d 132 (Fla. 4th DCA 2003). STEVENSON, C.J., KLEIN and TAYLOR, JJ., concur. . Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, 513 U.S. 909, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994).…
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Hogan v. State, 984 So. 2d 546 (Fla. 5th DCA 2008)…purported unconstitutionality of his life sentence as an improper indefinite sentence. The trial court denied both of these motions, and this court affirmed per cu-riam. See Hogan v. State, 826 So. 2d 317 (Fla. 5th DCA 2002) (table); Hogan v. State, 894 So. 2d 1070, 1071 (Fla. 5th DCA 2005) (“We warn Hogan against filing additional improper pleadings seeking to raise this issue in the future.”). On March 5, 2008, this court issued an order to show cause why Hogan should not be prohibited from filing any appea…
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- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Burgess v. State, 831 So. 2d 137 (Fla. 2002)
- Speas v. State, 887 So. 2d 416 (Fla. 2d DCA 2004)
- Nelson v. State, 855 So. 2d 132 (Fla. 4th DCA 2003)
- Hazem Abed v. State, 806 So. 2d 627 (Fla. 4th DCA 2002)
- Brown v. State, 806 So. 2d 627 (Fla. 4th DCA 2002)