Florida District Courts of Appeal, 2006

Hill v. State

Hill v. State
Florida District Courts of Appeal · Decided December 13, 2006 · Altenbernd, Silberman, Wallace
946 So. 2d 47; 2006 Fla. App. LEXIS 21030; 2006 WL 3615516 (Southern Reporter, Second Series)

Hill v. State

Opinion of the Court

PER CURIAM.

James Hill appeals the summary denial of his motion for postconviction relief and amended motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. Hill previously filed a rule 3.850 motion that the postconviction court summarily denied. This court affirmed the postconviction court’s order in Hill v. State, 888 So.2d 635 (Fla. 2d DCA 2004) (table decision). In the current motions, Hill failed to allege any justification for his failure to raise his new claims in his first rule 3.850 motion. Therefore, we affirm the posteonviction court’s order because Hill’s motions are successive. See Fla. R.Crim. P. 3.850(f); Balko v. State, 934 So.2d 662, 663 (Fla. 2d DCA 2006).

Affirmed.

ALTENBERND, SILBERMAN, and WALLACE, JJ„ Concur.

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