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Jackson v. State

District Court of Appeal of Florida, Fourth District.
Dec 27, 2013
127 So. 3d 706 (Fla. Dist. Ct. App. 2013)

Summary

taking judicial notice of the record in the defendant's previous postconviction appeal in affirming the denial of a subsequent postconviction motion

Summary of this case from Floyd v. State

Opinion

No. 4D13–50.

2013-12-27

Jermaine JACKSON, Appellant, v. STATE of Florida, Appellee.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No. 502008CF003745AXX. Jermaine E. Jackson, Bristol, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No. 502008CF003745AXX.
Jermaine E. Jackson, Bristol, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.

We affirm the trial court's summary denial of appellant's amended motion for postconviction relief. The trial court properly found that the amended motion was untimely. Appellant's claim that this motion merely expanded upon timely claims is without merit.

As argued by the State in this appeal, the amended motion was procedurally barred as successive. We take judicial notice of this court's records for appellant's prior appeal in this court. Appellant previously filed a motion that the trial court denied on the merits because appellant failed to establish prejudice under Strickland v. Washington, 466 U.S. 668, 697, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Appellant's appeal from that denial was voluntarily dismissed. Although appellant asked this court to order the trial court to give him leave to amend, he was not granted leave. The trial court was not required to provide appellant with multiple opportunities to attempt to establish prejudice. See Cortes v. State, 85 So.3d 1135, 1138–39 (Fla. 4th DCA 2012), rev. denied,104 So.3d 1083 (Fla.2012).

Affirmed. DAMOORGIAN, C.J., STEVENSON and TAYLOR, JJ., concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Fourth District.
Dec 27, 2013
127 So. 3d 706 (Fla. Dist. Ct. App. 2013)

taking judicial notice of the record in the defendant's previous postconviction appeal in affirming the denial of a subsequent postconviction motion

Summary of this case from Floyd v. State
Case details for

Jackson v. State

Case Details

Full title:Jermaine JACKSON, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Dec 27, 2013

Citations

127 So. 3d 706 (Fla. Dist. Ct. App. 2013)

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