From Casetext: Smarter Legal Research

Roque v. State

District Court of Appeal of Florida, Third District
Mar 22, 2000
754 So. 2d 144 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D00-426.

Opinion filed March 22, 2000.

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court of Dade County, Amy N. Dean, Michael A. Genden, Judges; L.T. No. 97-6185.

Raul Jesus Roque, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before LEVY, FLETCHER, and RAMIREZ, JJ.


Raul Jesus Roque appeals the trial court's order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, and the trial court's order denying his motion for rehearing. We affirm the trial court's denial of relief on the issues presented in the 3.850 petition filed October 22, 1999, because the issues are procedurally barred as they should have and could have been raised on direct appeal, see Byrd v. State, 597 So.2d 252, 254 (Fla. 1992) (holding that post-conviction relief cannot be based on grounds which either were or could have been raised on direct appeal); Morejon v. Moore,738 So.2d 1034 (Fla. 3d DCA 1999) (same), or are conclusively refuted by the record, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We have no jurisdiction to review the additional two issues raised by the defendant in his "Addendum to Motion for Post Conviction Relief" filed four months after the original 3.850 motion and almost one month after the trial court rendered its final order denying relief on the original motion. See McConn v. State, 708 So.2d 308 (Fla. 2d DCA 1998); Ragan v. State, 643 So.2d 1175 (Fla. 3d DCA 1994).

Affirmed.


Summaries of

Roque v. State

District Court of Appeal of Florida, Third District
Mar 22, 2000
754 So. 2d 144 (Fla. Dist. Ct. App. 2000)
Case details for

Roque v. State

Case Details

Full title:RAUL JESUS ROQUE, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 22, 2000

Citations

754 So. 2d 144 (Fla. Dist. Ct. App. 2000)

Citing Cases

Forbes v. State

Affirmed. See Koon v. Dugger, 619 So.2d 246, 247 (Fla. 1993);Armstrong v. State, 429 So.2d 287 (Fla. 1983);…