SANDY
v.
ALSTON V. STATE OF FLORIDA
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A successive petition for belated appeal must be dismissed where the petitioner fails to adequately explain why new grounds were not raised in the initial petition.
[1] A successive petition for belated appeal raising grounds not presented in an initial petition may be dismissed as an abuse of procedure when the petitioner fails to provi…
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Join FLexlaw to unlock all legal intelligencePetitioner filed a successive petition for belated appeal raising grounds that were not included in his initial petition for belated appeal.…
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Petitioner does not adequately explain why the grounds raised in this successive petition for belated appeal were not raised in his initial petition for belated appeal. The Court finds that the failure to assert the grounds was an abuse of procedure. Accordingly, the petition is dismissed. See Fla. R. App. P. 9.141(c)(6)(C).
LEWIS, MAKAR, and M.K. THOMAS, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.