DANNY J. CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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LaROSE, Judge.
Danny J. Clark challenges the postcon-viction court’s summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Addressing the merits, the postcon-viction court determined that the record conclusively refitted Mr. Clark’s rule 3.850 motion. We affirm. In doing so, we note that the motion was untimely and successive. See Fla. R.Crim. P. 3.850(b) & (f); Jones v. State, 591 So. 2d 911, 913 (Fla.1991) (holding that untimely or successive rule 3.850 motions must assert why the claim was not known or ascertainable prior to the expiration of the two-year time bar or when the prior rule 3.850 motion was filed); see also Jacobs v. State, 880 So. 2d 548, 550-51 (Fla.2004) (opining that the postconviction court should determine whether the motion is facially sufficient before addressing its merits). Accordingly, Mr. Clark’s motion was subject to denial without the need for a merits review by the postconviction court.
Affirmed.
NORTHCUTT and KELLY, JJ., concur.
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- Jones v. State, 591 So. 2d 911 (Fla. 1991)
- Alwin J. Jacobs v. State, 880 So. 2d 548 (Fla. 2004)