Ballester v. State

This is an appeal of an order denying the motion of defendant-appellant Balles-*1262ter for postconviction relief under Florida Rule of Criminal Procedure 3.850. The proceeding below was an evidentiary hearing on remand from Ballester v. State, 781 So.2d 503 (Fla. 3d DCA 2001).

The trial court found that the defendant had shown good ground for relief from the time bar of Rule 3.850. See Demps v. State, 696 So.2d 1296 (Fla. 3d DCA 1997). The trial court denied the motion as being impermissibly successive and, alternatively, on the merits.

For simplicity we assume (without deciding) that there was no…