Lockett v. State

Full title: KELVIN LOCKETT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jul 19, 1995

657 So. 2d 38 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-1187.

June 23, 1995. Rehearing Denied July 19, 1995.

3.850 Appeal from the Circuit Court for Volusia County; William C. Johnson, Jr., Judge.

Kelvin Lockett, Daytona Beach, pro se.

No Appearance for appellee.

PER CURIAM.

AFFIRMED.

COBB and GRIFFIN, JJ., concur.

W. SHARP, J., concurs specially with opinion.

W. SHARP, Judge, concurring specially.

In order to forestall Lockett from filing a fifth or sixth rule 3.850 motion, we should affirm the trial court's denial of this, his fourth motion, because it is successive and improper. Stewart v. State, 632 So.2d 59 (Fla. 1993); Zeigler v. State, 632 So.2d 48 (Fla. 1993), cert. denied, ___ U.S. ___, 115 S.Ct. 104, 130 L.Ed.2d 52 (1994); Foster v. State, 614 So.2d 455 (Fla. 1992), cert. denied, ___ U.S. ___, 114 S.Ct. 398, 126 L.Ed.2d 346 (1993); Davis v. State, 589 So.2d 896 (Fla. 1991); Isley v. State, 652 So.2d 409 (Fla. 5th DCA 1995); Johnson v. State, 652 So.2d 980 (Fla. 5th DCA 1995). Enough is enough.