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707 So. 2d 430

Owens v. State

District Court of Appeal of Florida · decided 1998-04-03

Cited by 1 later decisions — most recently September 1998

1 state decisions

Relies on 697 So. 2d 504 - Amendments to Rules of Judicial Administration · 689 So. 2d 336 - O'BRIEN v. State · Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-04-03

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W. SHARP, Judge.

¶1Owens appeals from the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.

¶2This is Owens’ fourth such motion. It raises the issue of whether Owens’ guilty plea in the criminal proceedings below (related to this collateral attack on his judgment and sentence) was voluntary. He fails to allege or state why this issue could not have been raised in his prior motions and none is apparent on this record. Accordingly, this motion is successive and improper.

¶3We admonish Owens that additional collateral attacks on his judgment and sentence, which are like this one, successive and improper, will expose him to forfeiture of gain time. Tillery v. State, 705 So.2d 722 (Fla. 5th DCA 1998). See O’Brien v. State, 689 So.2d 336 (Fla. 5th DCA), rev. denied, 697 So.2d 511 (Fla.1997).

¶4AFFIRMED.

COBB and HARRIS, JJ., concur.
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