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Florida District Courts of Appeal, 1993

Wells v. State

Wells v. State
Florida District Courts of Appeal · Decided March 31, 1993 · Anstead, Hersey, Polen
616 So. 2d 1051; 1993 Fla. App. LEXIS 3908; 1993 WL 90900 (Southern Reporter, Second Series)

Wells v. State

Concurring Opinion

POLEN, Judge,

concurring specially.

I agree with the majority’s per curiam affirmance of this appeal from the trial court’s denial of appellant’s third rule 3.850 motion. I would further hold that the instant motion and this appeal from its denial is an abuse of process as an impermissible successive 3.850 motion. See Christopher v. State, 489 So.2d 22 (Fla. 1986).

Opinion of the Court

PER CURIAM.

AFFIRMED.

ANSTEAD and HERSEY JJ., concur. POLEN, J., concurs specially with opinion.

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