Legal Opinion · Concurrence

Wilson v. State

District Court of Appeal of Florida

Decided June 17, 1992No. 91-3196Published

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

  1. Smith v. StateSupreme Court of Florida · 1992
  2. Daniels v. StateSupreme Court of Florida · 1992
  3. Cook v. StateDistrict Court of Appeal of Florida · 1989

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