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7 So. 3d 600

Simon v. State

District Court of Appeal of Florida · decided 2009-04-01

Relies on Fuston v. State · 911 So. 2d 140 - Swain v. State

Decided 2009-04-01

PER CURIAM.

¶1Affirmed. See Fuston v. State, 764 So.2d 779 (Fla. 2d DCA 2000) (holding that “a defendant is not entitled to successive review on a rule 3.800(a) motion of a specific issue which has already been decided against him.”); Swain v. State, 911 So.2d 140, 142 (Fla. 3d DCA 2005) (holding that a defendant is not entitled to successive review of a specific issue decided against him in an earlier post-conviction proceeding even if the question concerns the legality of his sentence).

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