Upon consideration, Acosta’s appeal from the order denying his motion for post-conviction relief pursuant to Fla.R.Crim.P. 3.850, is procedurally barred since the motion was both untimely filed and an abuse of process. Spaziano v. State, 570 So.2d 289 (Fla. 1990); Bertolotti v. State, 565 So.2d 1343 (Fla. 1990). Acosta’s petition for writ of mandamus and/or certiorari is dismissed because it is procedurally barred based upon this Court’s prior disposition in Case No. 93-430. Jenkins v. Wainwright, 322 So.2d 477 (Fla. 1975).

Further, turning to the merits, the issue has been decided against petitioner-appellant in this Court’s Case No. 93-430, and in Case *991No. 93-1044 in the Second Judicial Circuit, Leon County, Florida. See also Dugger v. Rodrick, 584 So.2d 2 (Fla. 1991), from which the instant case is indistinguishable.