COREY O'NEAL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Corey O'Neal appealed the denial of his third motion for postconviction relief alleging ineffective assistance of counsel. The trial court properly denied the motion as successive and untimely under Florida Rule of Criminal Procedure 3.850, and the appellate court affirmed.
The court affirmed the trial court's denial of the motion. O'Neal's arguments regarding the propriety of the 2006 order were procedurally barred by collateral estoppel, and the December 11, 2008 motion was properly denied as both successive and untimely under rule 3.850(b).
[1] A motion for postconviction relief is procedurally barred if it is successive and untimely.
[2] A prior appellate decision affirming a trial court's denial of postconviction relief may preclude relitigation of the same issues under the doctrine of collateral estoppe…
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Join FLexlaw to unlock all legal intelligence“collateral estoppel prevents identical parties from relitigating the same issue(s) that were previously decided”
Establishes why O'Neal's challenge to the 2006 order was procedurally barred and could not be relitigated on appeal
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Join FLexlaw to unlock all legal intelligenceO'Neal was convicted in 2003 of robbery with a firearm and aggravated assault, and sentenced to sixty years incarceration with a ten-year mandatory mi…
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The defendant, Corey O’Neal (“O’Neal”), appeals the trial court’s summary denial of his motion for postconviction relief, filed under Florida Rule of Criminal Procedure 3.850. We affirm.
In 2003, O’Neal was found guilty of one count of robbery with a firearm and one count of aggravated assault. He was sentenced to sixty years incarceration with a ten-year mandatory sentence as to the armed robbery. This Court affirmed O’Neal’s convictions and sentences on June 16, 2004. O’Neal v. State, 876 So.2d 569 (Fla. 3d DCA 2004).
*1117On June 13, 2006, O’Neal filed a timely motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, alleging ineffective assistance of trial counsel based on counsel’s (1) failure to call two alibi witnesses; (2) decision to permit co-counsel to cross-examine an eyewitness and the lead detective; and (3) failure to object to the introduction of a lineup, where O’Neal’s photograph allegedly contained numbers suggesting a prior arrest. The trial court denied the motion, finding that O’Neal’s claims were insufficient under Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
After the trial court’s denial of O’Neal’s rule 3.850 motion, O’Neal filed a motion which he labeled as an “addendum” to his initial motion for postconviction relief. The “addendum” motion listed an additional claim of ineffective assistance of trial counsel — counsel’s failure to object to the trial court’s refusal to read a portion of the trial testimony back to the jury after it had begun its deliberations. Because the trial court had denied O’Neal’s initial motion for postconviction relief before O’Neal filed the second motion, which he styled as an “addendum,” the trial court found that the second motion was successive, and denied it on November 22, 2006. This Court affirmed the trial court’s order denying relief. O’Neal v. State, 947 So.2d 1177 (Fla. 3d DCA 2007).
On December 11, 2008, O’Neal filed the instant motion seeking postconviction relief under rule 3.850, alleging that trial counsel was ineffective because he: (1) misadvised O’Neal regarding the length of sentence he would serve if convicted; (2) failed to exercise a challenge against a biased juror; and (3) pursued a theory that conceded guilt. The trial court concluded that the motion was successive and thus, procedurally barred, and therefore denied relief. This appeal followed.
On appeal, O’Neal disputes the trial court’s treatment of his “addendum” motion in 2006 as a successive motion for postconviction relief, and challenges the trial court’s ruling that the instant motion is a successive motion. We find these arguments to be procedurally barred and without merit. O’Neal appealed the trial court’s November 22, 2006 order, and this Court affirmed. Thus, this Court already has adjudicated O’Neal’s argument regarding the propriety of the November 22, 2006 order. See State v. McBride, 848 So.2d 287, 290 (Fla.2003) (explaining that collateral estoppel prevents identical parties from relitigating the same issue(s) that were previously decided). Nonetheless, the instant rule 3.850 motion, which O’Neal filed on December 11, 2008, was properly denied because it was not only successive, but untimely. See Fla. R.Crim: P. 3.850(b).
Affirmed.
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Citator
Authorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)