JOHNATHAN SIMON
v.
STATE OF FLORIDA
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A successive Rule 3.800 motion is procedurally barred by collateral estoppel when it relitigates issues previously presented and decided in earlier post-conviction motions.
[1] Collateral estoppel bars a successive Rule 3.800 motion for post-conviction relief that relitigates issues previously presented and decided in earlier post-conviction mot…
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Join FLexlaw to unlock all legal intelligence“although res judicata and Rule 3.800 allow a defendant to file successive 3.800 motions raising new issues, collateral estoppel bars such motions which litigate issues previously presented and decided”
Court's statement of the applicable legal standard from State v. McBride
Johnathan Simon was convicted of First Degree Murder with a firearm and Attempted Second Degree Murder with a firearm. He filed his fourth motion for …
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Third District Court of Appeal State of Florida
Opinion filed September 17, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1557 Lower Tribunal No. F09-29998 ________________
Johnathan Simon, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge.
Johnathan Simon, in proper person.
James Uthmeier, Attorney General, and Daihana Chang, Assistant Attorney General, for appellee.
Before FERNANDEZ, LINDSEY and BOKOR, JJ.
PER CURIAM.
2
In his fourth motion for post-conviction relief, Appellant Johnathan Simon seeks redress for what he alleges is an unlawful sentence following his convictions for First Degree Murder with a firearm, discharged resulting in death or great bodily harm, and Attempted Second Degree Murder with actual possession and discharge of a firearm. Because Appellant’s most recent Rule 3.800 motion is an attempt to relitigate similar issues raised in previous motions, which were all denied on the merits, it is procedurally barred as successive. State v. McBride, 848 So. 2d 287, 290-91 (Fla. 2003) (holding that, although res judicata and Rule 3.800 allow a defendant to file successive 3.800 motions raising new issues, collateral estoppel bars such motions which litigate issues previously presented and decided). Thus, the trial court did not err in denying it as such. Accordingly, we affirm.
Affirmed.