¶1Affirmed. Appellant, Pacheco, is procedurally barred from raising a new claim in his second rule 3.850 motion for post-conviction relief since he has failed to demonstrate why he was unable to raise this claim in his first rule 3.850 motion for post-conviction relief. Bertolotti v. State, 565 So.2d 1343, 1345 (Fla.1990); Christopher v. State, 489 So.2d 22, 24 (Fla.1986).
613 So. 2d 617
Pacheco v. State
District Court of Appeal of Florida
Decided March 2, 1993
District Court of Appeal of Florida · decided 1993-03-02
Relies on 489 So. 2d 22 - Christopher v. State · 565 So. 2d 1343 - Bertolotti v. State
Decided 1993-03-02