Florida District Courts of Appeal, 1985

Dean v. State

Dean v. State
Florida District Courts of Appeal · Decided August 2, 1985 · Danahy, Grimes, Hall
473 So. 2d 295; 10 Fla. L. Weekly 1860; 1985 Fla. App. LEXIS 14758 (Southern Reporter, Second Series)

Dean v. State

Opinion of the Court

DANAHY, Judge.

The appellant appeals the denial of his motion for postconvietion relief under Florida Rule of Criminal Procedure 3.850. The grounds asserted in his motion are the same grounds asserted in his direct appeal of his conviction, which this court affirmed in 1983. A motion under rule 3.850 cannot be utilized for a second appeal to consider an issue that was raised in the initial appeal. Jones v. State, 446 So.2d 1059 (Fla. 1984). Accordingly, we affirm.

GRIMES, A.C.J., and HALL, J., concur.

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