Opinion
Case No. SC01-2594.
September 30, 2003.
Lower Tribunal No. 80-233-CF.
Under consideration of appellant's notice of appeal filed June 2, 2003, which was based upon the alleged failure to swear prospective jurors, the Court finds that this issue could have and should have been raised on direct appeal and that it is not a basis for relief in a successive motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Thus, the issue is procedurally barred. We affirm the decision of the trial court striking this motion.
ANSTEAD, C.J., and WELLS, PARIENTE, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.