Gilbert v. State

Full title: ELISHA GILBERT, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 13, 1990

558 So. 2d 149 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1831.

March 13, 1990.

An Appeal from the Circuit Court for Dade County; Alfonso C. Sepe, Judge.

Elisha Gilbert, in pro. per.

Robert A. Butterworth, Atty. Gen. and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

The errors asserted in defendant's second petition for post-conviction relief were either presented or could have been presented in defendant's first petition. Thus, his second petition is procedurally barred. Tafero v. State, 524 So.2d 987 (Fla. 1987); Booker v. State, 503 So.2d 888 (Fla. 1987); Witt v. State, 465 So.2d 510 (Fla. 1985); Williams v. State, 557 So.2d 182 (Fla. 3d DCA 1990).

Affirmed.