Wilson v. State
Wilson v. State
Opinion of the Court
Appellant, Dewey Wilson, appeals the dismissal of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Appellant was convicted of burglary of a dwelling, petit theft, possession of marijuana, and possession of drug paraphernalia. Appellant appealed and his convictions were affirmed by this Court. Wilson v. State, 827 So.2d 984 (Fla. 1st DCA 2002). Appellant then filed a motion for postconviction relief that the circuit court “dismissed/denied.” Appellant filed a second motion for postconviction relief that the circuit court “dismissed/denied” as successive or an abuse of process. Appellant raises three claims in this appeal. We address only Appellant’s first claim. The other two claims are rejected without further comment.
Although the circuit court erred in dismissing Appellant’s second postconviction motion as successive, we affirm-because Appellant’s claims are facially insufficient to warrant relief. See Parker v. State, 603 So.2d 616 (Fla. 1st DCA 1992)(affirming the order denying postcon-viction relief on grounds other than those relied on by the trial court); Freeman v. State, 589 So.2d 368 (Fla. 1st DCA 1991)(same).
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.