Doerr v. State

OWEN, Judge.

Appellant’s fourth post-trial motion to vacate under Rule 3.850, RCrP, 33 F.S.A. (and its predecessors) was denied without an evidentiary hearing and it is that order which is appealed. We affirm.

The order denying the motion to vacate recites that the same is found to be without merit because the matters alleged therein had been alleged in one or more prior motions, and therefore did not need to be again considered by the Court. It appears, however, that of the four grounds set forth in the motion, only the first had been previously alleged and adjudicated on the merits.…