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McArthur v. State

Third District Court of Appeal State of Florida
Apr 29, 2020
305 So. 3d 616 (Fla. Dist. Ct. App. 2020)

Opinion

No. 3D19-1648

04-29-2020

Dennis J. MCARTHUR, Sr., Appellant, v. The STATE of Florida, Appellee.

Dennis J. McArthur, Sr., in proper person. Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.


Dennis J. McArthur, Sr., in proper person.

Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

Before EMAS, C.J., and SCALES and GORDO, JJ.

PER CURIAM. Affirmed. See McArthur v. State, 290 So.3d 902 (Fla. 3d DCA 2019) ; Fla. R. Crim. P. 3.850(h)(2) ("A second or successive motion is an extraordinary pleading. Accordingly, a court may dismiss a second or successive motion if the court finds that it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, the judge finds that the failure of the defendant or the attorney to assert those grounds in a prior motion constituted an abuse of the procedure or there was no good cause for the failure of the defendant or defendant's counsel to have asserted those grounds in a prior motion."); see also Perez v. State, 34 So. 3d 99, 100 (Fla. 3d DCA 2010) ; Bond v. State, 931 So. 2d 1043, 1043–44 (Fla. 3d DCA 2006) ; Ragan v. State, 643 So. 2d 1175, 1176 (Fla. 3d DCA 1994).


Summaries of

McArthur v. State

Third District Court of Appeal State of Florida
Apr 29, 2020
305 So. 3d 616 (Fla. Dist. Ct. App. 2020)
Case details for

McArthur v. State

Case Details

Full title:Dennis J. McArthur, Sr., Appellant, v. The State of Florida, Appellee.

Court:Third District Court of Appeal State of Florida

Date published: Apr 29, 2020

Citations

305 So. 3d 616 (Fla. Dist. Ct. App. 2020)