EUNICE SMART, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1974-01-17
No. U-160
SPECTOR, Acting C. J., and BOYER and McCORD, J J., concur.
290 So. 2d 84 Florida District Court of Appeal, First District (1974)

Opinion of the Court
PER CURIAM.

[*85] PER CURIAM.

This is an appeal from an order denying a successive petition for post-conviction relief filed under Criminal Procedure Rule 3.850, 33 F.S.A. The ground for relief asserted in the instant petition or motion was considered in an earlier petition or motion and rejected by the court. In Smart v. State, 258 So. 2d 521 (Fla.App.1972), this court affirmed the order denying the first quest for post-conviction relief. Inasmuch as the ground for relief asserted herein has earlier been considered and rejected, we must on authority of Grant v. State, 224 So. 2d 721 (Fla.App.2d 1969), affirm the order reviewed herein.

SPECTOR, Acting C. J., and BOYER and McCORD, J J., concur.


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