WARREN R. JOHNSON
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-02-18
No. 18-2688
Gerald Mann
264 So. 3d 385 Florida District Court of Appeal, First District (2019)

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Holding

A postconviction motion for relief claiming ineffective assistance of counsel may be summarily denied as untimely and successive when the defendant has already filed seven prior motions raising similar claims.


Headnotes

[1] A postconviction motion for relief may be summarily denied as untimely and successive under Florida Rule of Criminal Procedure 3.850(b) and (h)(2) when a defendant has pr…

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Facts & Procedural History

Warren R. Johnson was convicted in 2005 of second-degree murder and possession of a firearm by a convicted felon and sentenced to fifty years with a t…

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Opinion of the Court

postconviction motion as untimely and successive. See Fla. R. Crim. P. 3.850(b), (h)(2). We, therefore, affirm the trial court’s order, and, by separate order, direct Johnson to show cause why he should not be barred from future pro se filings in this Court. AFFIRMED. ROWE, BILBREY, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Warren R. Johnson, pro se, Appellant. Ashley B. Moody, Attorney General, Tallahassee, for Appellee.


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