Legal Opinion

Doyle v. State

District Court of Appeal of Florida

Decided December 8, 2000No. 5D00-1845PublishedCited by 1 opinion

1Opinion of the Court

*608 ON MOTION FOR REHEARING

GRIFFIN, J.

Appellant’s Motion for Rehearing is granted. We withdraw our prior opinion and substitute the following opinion in its stead.

We affirm the denial of appellant’s second Florida Rule of Criminal Procedure Rule 3.850 motion as successive. Appellant may, however, seek a belated appeal of the denial of his first rule 3.850 motion. See Allen v. State, 707 So.2d 381 (Fla. 5th DCA 1998).

AFFIRMED.

PETERSON and SAWAYA, JJ„ concur.

2Cases cited1 opinion

  1. Allen v. StateDistrict Court of Appeal of Florida · 1998

3Cited by1 opinion

  1. Hastings v. StateDistrict Court of Appeal of Florida · 2001