Owens v. State

Full title: Allen Dale OWENS, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 31, 2009

3 So. 3d 427 (Fla. Dist. Ct. App. 2009)

Opinion

Nos. 3D08-1044, 3D08-1198.

February 18, 2009. Rehearing Denied March 31, 2009.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, John Thornton and Lawrence Schwartz, Judges.

Allen Dale Owens, in proper person.

Bill McCollum, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, for appellee.

Before GERSTEN, C.J., SHEPHERD, J., and SCHWARTZ, Senior Judge.

PER CURIAM.

Affirmed. See State v. McBride, 848 So.2d 287, 291 (Fla. 2003) ("Collateral estoppel . . . precludes a defendant from rearguing in a successive rule 3.800 motion the same issue argued in a prior motion.").