Florida District Courts of Appeal, 2002

Rogers v. State

Rogers v. State
Florida District Courts of Appeal · Decided July 31, 2002 · Farmer, Hazouri, Polen
831 So. 2d 680; 2002 Fla. App. LEXIS 10818; 2002 WL 1758357 (Southern Reporter, Second Series)

Rogers v. State

Opinion of the Court

PER CURIAM.

Scott A. Rogers appeals from the trial court’s order summarily denying his rule 3.850 motion for postconviction relief.

We affirm the trial court’s order, but do so without prejudice to appellant filing a 3.850 motion for postconviction relief raising the claim of whether appellant’s speedy trial rights were violated, as he raised this claim for the first time in his motion for rehearing. See Johnson v. State, 782 So.2d 486 (Fla. 2d DCA 2001). Any such motion raising this claim should not be deemed successive. Id.

POLEN, C.J., FARMER and HAZOURI, JJ., concur.

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