Florida District Courts of Appeal, 2011

Beam v. State

Beam v. State
Florida District Courts of Appeal · Decided April 15, 2011 · Cohen, Griffin, Monaco
60 So. 3d 1096; 2011 Fla. App. LEXIS 5366; 2011 WL 1431611 (Southern Reporter, Third Series)

Beam v. State

Opinion of the Court

PER CURIAM.

Daniel Beam appeals the dismissal of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. While the trial court erroneously believed it did not have jurisdiction to consider Beam’s motion, see Gawronski v. State, 801 So.2d 211 (Fla. 2nd DCA 2001), we nonetheless affirm, concluding Beam’s second rule 3.850 motion to be procedurally barred as an abusive, successive motion. See Owen v. Crosby, 854 So.2d 182 (Fla. 2003); Christopher v. State, 489 So.2d 22 (Fla. 1986).

AFFIRMED.

MONACO, C.J., GRIFFIN and COHEN, JJ., concur.

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