Van Poyck v. State

Full title: JEFFREY HOWARD VAN POYCK, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: May 29, 2002

816 So. 2d 208 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-1863.

May 8, 2002. Rehearing Denied May 29, 2002.

An Appeal from the Circuit Court for Dade County, Leslie B. Rothenberg, Judge.

Jeffrey Howard Van Poyck, in proper person.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before JORGENSON and SHEVIN, JJ., and NESBITT, Senior Judge.

PER CURIAM.

Defendant's petition for writ of habeas corpus is barred as successive. See, e.g., Walker v. State, 814 So.2d 516 (Fla. 3d DCA 2002). "The defendant is abusing the judicial process by filing successive motions that attempt to litigate issues that were, could, or should have been raised either on direct appeal or in his previous motions." Duncan v. State, 728 So.2d 1237 (Fla. 3d DCA 1999).

AFFIRMED.