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Florida District Courts of Appeal, 2002

Cano v. State

Cano v. State
Florida District Courts of Appeal · Decided November 8, 2002 · Griffin, Harris, Sawaya
830 So. 2d 205; 2002 Fla. App. LEXIS 16143; 2002 WL 31487062 (Southern Reporter, Second Series)

Cano v. State

Opinion of the Court

PER CURIAM.

Appellant, Kirk Cano, appeals the summary denial of his second rule 3.850 motion. We affirm the trial court’s denial of the motion as successive. See Pope v. State, 702 So.2d 221 (Fla. 1997). However, the affirmance is without prejudice to Appellant filing a proper rale 3.800(a) motion challenging his prison releasee reoffender sentence. See Grant v. State, 770 So.2d 655 (Fla. 2000).

AFFIRMED WITHOUT PREJUDICE.

HARRIS, GRIFFIN and SAWAYA, JJ., concur.

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