MAGELA ELOISAINT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.850 cases and more on FLexlaw
PER CURIAM.
Magela Eloisaint appeals from the trial court’s denial of relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.
This is Eloisaint’s second petition for 3.850 relief, filed beyond the two-year window set forth in that rule. See also Peart v. State, 756 So. 2d 42 (Fla.2000). The petitioner’s claim for relief sets forth facts that were or could have been known at the time of her first 3.850 petition, which was also filed beyond the two-year filing window. See Foster v. State, 614 So. 2d 455, 458 (Fla.1992)(“A successive motion may be dismissed if it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, the failure to raise those issues in a prior motion constitutes an abuse of process. To overcome this bar, a movant must allege that the grounds asserted were not known and could not have been known to him at the time of the earlier motion.”).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Franklin v. State, 923 So. 2d 1199 (Fla. 3d DCA 2006)…ng that defendant’s 3.850 motion for postconviction relief was procedurally barred as successive where the “defendant’s current rule 3.850 motion is one that could have or should have been raised in his first rule 3.850 motion”); Eloisaint v. State, 868 So. 2d 680 (Fla. 3d DCA 2004), and are additionally without merit. Affirmed.…
-
Alfonso v. Orna Sec. & Fla. Unemployment Appeals Comm'n, 903 So. 2d 302 (Fla. 3d DCA 2005)…ts below because the appellant failed timely to appeal that ruling to the Agency for Workforce Innovation, Office of Appeals. See Maldonado v. Fla. Unemployment Appeals Comm’n, 895 So. 2d 1198 (Fla. 3d DCA 2005); Levert v. Fla. Unemployment Appeals, 868 So. 2d 680 (Fla. 3d DCA 2004). Affirmed.…
Authorities Cited
- Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)
- Foster v. State, 614 So. 2d 455 (Fla. 1992)