Doyle v. State

Full title: CHRISTOPHER DOYLE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 8, 2000

772 So. 2d 607 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D00-1845.

Opinion filed December 8, 2000.

Appeal from the Circuit Court for Orange County, Anthony H. Johnson, Judge.

Affirmed.

Christopher Doyle, Avon Park, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton,

Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.Page 608

ON MOTION FOR REHEARING

Appellant's Motion for Rehearing is granted. We withdraw our prior opinion and substitute the following opinion in its stead.

We affirm the denial of appellant's second Florida Rule of Criminal Procedure Rule 3.850 motion as successive. Appellant may, however, seek a belated appeal of the denial of his first rule 3.850 motion. See Allen v. State, 707 So.2d 381 (Fla. 5th DCA 1998).

PETERSON and SAWAYA, JJ., Concur.