Public-domain · open source
OpenJurist

149 So. 3d 724

James v. State

District Court of Appeal of Florida

Decided October 22, 2014

District Court of Appeal of Florida · decided 2014-10-22

Relies on 437 So. 2d 1388 - McCrae v. State · 614 So. 2d 455 - Foster v. State · 632 So. 2d 48 - Zeigler v. State

Decided 2014-10-22

PER CURIAM.

¶1Affirmed. See Fla. R. Crim. P. 3.850(h) (providing that “a court may dismiss a second or successive motion if the court *725finds that it fails to allege new or different grounds for relief and the prior determination was on the merits....”); McCrae v. State, 437 So.2d 1388,1390 (Fla.l983)(hold-ing that a rule 3.850 motion based upon grounds which either were or could have been raised on appeal may be summarily denied, and further holding that a rule 3.850 motion is “successive” when it raises substantially the same grounds as a previous motion and that previous motion was decided on the merits). See also, Zeigler v. State, 632 So.2d 48 (Fla.1993); Foster v. State, 614 So.2d 455 (Fla.1992).

/149/so3d/724 · .json · Public domain