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831 So. 2d 680

Rogers v. State

District Court of Appeal of Florida · decided 2002-07-31

Cited by 1 later decisions — most recently December 2002

1 state decisions

Relies on 782 So. 2d 486 - Johnson v. State

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Decided 2002-07-31

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PER CURIAM.

¶1Scott A. Rogers appeals from the trial court’s order summarily denying his rule 3.850 motion for postconviction relief.

¶2We affirm the trial court’s order, but do so without prejudice to appellant filing a 3.850 motion for postconviction relief raising the claim of whether appellant’s speedy trial rights were violated, as he raised this claim for the first time in his motion for rehearing. See Johnson v. State, 782 So.2d 486 (Fla. 2d DCA 2001). Any such motion raising this claim should not be deemed successive. Id.

POLEN, C.J., FARMER and HAZOURI, JJ., concur.
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