Summary
holding that the defendant was procedurally barred from raising a new claim in a successive postconviction motion when the defendant failed to demonstrate why he was unable to raise this claim in his initial postconviction motion
Summary of this case from Overton v. StateOpinion
No. 92-2455.
March 2, 1993.
An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Martin D. Kahn, Judge.
Jorge Alphonso Pacheco, in pro. per.
Robert A. Butterworth, Atty. Gen., for appellee.
Before NESBITT, LEVY and GERSTEN, JJ.
Affirmed. Appellant, Pacheco, is procedurally barred from raising a new claim in his second rule 3.850 motion for post-conviction relief since he has failed to demonstrate why he was unable to raise this claim in his first rule 3.850 motion for post-conviction relief. Bertolotti v. State, 565 So.2d 1343, 1345 (Fla. 1990); Christopher v. State, 489 So.2d 22, 24 (Fla. 1986).