¶1We affirm without prejudice to appellant raising issue III in a timely rule 3.850 motion. See Patterson v. State, 904 So.2d 593 (Fla. 4th DCA 2005); Keifner v. State, 896 So.2d 955 (Fla. 4th DCA 2005); Zuluaga v. State, 793 So.2d 60 (Fla. 4th DCA 2001). As in Patterson, “[w]e do not have a sufficient record to determine whether, if appellant does file a rule 3.850 motion, it *173would be successive under rule 3.850(f), and this opinion should not be construed as deciding that issue.” Id. at 593; Keifner, 896 So.2d at 956.
939 So. 2d 172
Herndon v. State
District Court of Appeal of Florida
Decided October 4, 2006
District Court of Appeal of Florida · decided 2006-10-04
Relies on Zuluaga v. State · Figueroa v. Variety Children's Hospital · Keifner v. State
Decided 2006-10-04