Penn v. State

Thomas K. PENN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 28, 1997.

District Court of Appeal of Florida · decided 1997-02-28

Cited by 5 later decisions — most recently April 1998

5 state decisions

Relies on 614 So. 2d 455 - Foster v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-02-28

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¶1Thomas K. Penn, Avon Park, Pro Se.

¶2No Appearance for Appellee.

¶3SHARP, W., Judge.

¶4Penn appeals from the summary denial of his Rule 3.850 motion for post-conviction relief. This is his third motion filed pursuant to Rule 3.850. He seeks to raise the claims that his plea entered below was involuntary and that he had ineffective assistance of counsel. However, Penn made no showing why he could not or should not have raised these grounds in his original Rule 3.850 motion.

¶5We affirm the summary denial of this Rule 3.850 motion. It is successive and improper. See Foster v. State,614 So.2d 455 (Fla.1992).

¶6AFFIRMED.

¶7HARRIS and ANTOON, JJ., concur.