Gilbert v. State

The defendant appeals the trial court’s order denying his petition for postconviction relief which was filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. We affirm the trial court’s order because the defendant’s motion was not timely filed and because the issues raised therein are successive. See Penn v. State, 688 So.2d 450 (Fla. 5th DCA 1997); Davis v. State, 654 So.2d 667 (Fla. 5th DCA 1995).

AFFIRMED.

GRIFFIN, C.J., and COBB and ANTOON, JJ., concur.