Wilson v. State
District Court of Appeal of Florida
1ConcurrenceErvin, Judge
I concur in affirming the trial court’s summary denial of appellant’s 3.850 motion *547because the allegations contained therein were facially insufficient and/or unsupported by the record.
By affirming the order without prejudice to appellant’s right to file a new motion addressing the minimum mandatory sentence issue, we do no violence to that portion of Florida Rule of Criminal Procedure 3.850 precluding the filing of a second or successive motion based on the movant’s failure to assert such grounds in a prior motion. Obviously, the filing of a second motion based upon a change in the law…
2Cases cited3 opinions
- Smith v. StateSupreme Court of Florida · 1992
- Daniels v. StateSupreme Court of Florida · 1992
- Cook v. StateDistrict Court of Appeal of Florida · 1989