Public-domain · open source
OpenJurist

127 So. 3d 706

Jackson v. State

District Court of Appeal of Florida

Decided November 20, 2013

District Court of Appeal of Florida · decided 2013-11-20

Cited by 1 later decisions — most recently October 2018

1 state decisions

Relies on Strickland v. Washington · 104 So. 3d 1069 - State v. Catalano · Cortes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-11-20

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm the trial court’s summary denial of appellant’s amended motion for postconviction relief. The trial court properly found that the amended motion was untimely. Appellant’s claim that this motion merely expanded upon timely claims is without merit.

¶2As argued by the State in this appeal, the amended motion was proeedurally barred as successive. We take judicial notice of this court’s records for appellant’s prior appeal in this court. Appellant previously filed a motion that the trial court denied on the merits because appellant failed to establish prejudice under Strickland v. Washington, 466 U.S. 668, 697, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Appellant’s appeal from that denial was voluntarily dismissed. Although appellant asked this court to order the trial court to give him leave to amend, he was not granted leave. The trial court was not required to provide appellant with multiple opportunities to attempt to establish prejudice. See Cortes v. State, 85 So.3d 1135, 1138-39 (Fla. 4th DCA 2012), rev. denied, 104 So.3d 1083 (Fla.2012).

¶3Affirmed.

DAMOORGIAN, C.J., STEVENSON and TAYLOR, JJ., concur.
/127/so3d/706 · .json · Public domain