Biggs v. State

The appellant challenges the trial court’s dismissal of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, which alleged several grounds of ineffective assistance of counsel. The trial court summarily dismissed the appellant’s motion because it was successive and because it was without jurisdiction to rule on the motion. Because the appellant’s motion is successive, we affirm.

The trial court determined that the summary denial of the appellant’s previous rule 3.850 motion was pending on appeal with this Court at the time the appellant filed his second…