Ferguson v. State

We affirm the trial court’s denial of appellant’s motion for post-conviction relief. While the trial court found the motion to be untimely, which we find it was not, a review of the record proves that the motion was a successive Rule 3.850 motion and that the points raised in this second motion were either raised on direct appeal, or could have been, or were raised in the first motion for relief.

GLICKSTEIN, WARNER and KLEIN, JJ., concur.