LAZARO URBAY
v.
STATE OF FLORIDA
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Successive petitions for the same relief under Florida Rule of Criminal Procedure 3.850 are not cognizable and may be summarily denied.
[1] Successive petitions for the same relief under Florida Rule of Criminal Procedure 3.850 are not cognizable and may be summarily denied without consideration of whether ma…
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Join FLexlaw to unlock all legal intelligence“In collateral proceedings by habeas corpus, as in post-conviction proceedings under Florida Rule of Criminal Procedure 3.850, successive petitions for the same relief are not cognizable and may be summarily denied.”
Francois v. Wainwright, 470 So. 2d 685, 686 (Fla. 1985)
Lazaro Urbay filed a post-conviction motion under Florida Rule of Criminal Procedure 3.850 in Monroe County Circuit Court. The motion was dismissed as…
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Third District Court of Appeal State of Florida
Opinion filed June 25, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1728 Lower Tribunal Nos. 02-CF-259-A-P, 02-CF-1010-A-K, 02-CF-1011-A-K, 02-CF-1012-A-K ________________
Lazaro Urbay, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge.
Lazaro Urbay, in proper person.
James Uthmeier, Attorney General, and Daniel Colmenares, Assistant Attorney General, for appellee.
Before FERNANDEZ, BOKOR and GOODEN, JJ.
PER CURIAM.
2
Affirmed. See Fla. R. Crim. P. 3.850(b); Francois v. Wainwright, 470 So. 2d 685, 686 (Fla. 1985) (“In collateral proceedings by habeas corpus, as in post-conviction proceedings under Florida Rule of Criminal Procedure 3.850, successive petitions for the same relief are not cognizable and may be summarily denied.”); Beiro v. State, 289 So. 3d 511, 511 (Fla. 3d DCA 2019) (“The mere incantation of the words ‘manifest injustice’ does not make it so.”).