Hampton v. State

SHIVERS, Judge.

On December 12, 1985, Appellant Hampton filed a motion pursuant to Rule 3.850, Fla.R.Crim.P., in which he asserted five grounds for post-conviction relief. The trial court summarily denied the motion, stating that Hampton had raised the same grounds in a previous motion for post-conviction relief, and that the previous motion had been denied by the trial court in 1981 and per curiam affirmed by this court in 1982. Appellant asserted, by way of an affidavit attached to a motion for rehearing, that he did not recall filing a previous motion for post-conviction relief.

Rule 3.850…