Pickett v. State

Full title: Fredric F. Pickett, Jr., Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Dec 4, 2024

No. 3D24-0401 (Fla. Dist. Ct. App. Dec. 4, 2024)

Opinion

3D24-0401

12-04-2024

Fredric F. Pickett, Jr., Appellant, v. The State of Florida, Appellee.

Fredric F. Pickett, Jr., in proper person. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lower Tribunal Nos. F21-19910, F21-2749, William Altfield, Judge.

Fredric F. Pickett, Jr., in proper person.

Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Before SCALES, LINDSEY, and GOODEN, JJ.

PER CURIAM.

Affirmed. See Guzman v. State, 329 So.3d 806, 807 (Fla. 2d DCA 2021) ("A second or successive motion is classified by . . . rule [3.850(h)(2)] as 'an extraordinary pleading.' As such, the rule provides that the motion is subject to dismissal should the trial court conclude 'that it fails to allege new or different grounds for relief and the prior determination was on the merits.' Where the claim is legally insufficient or its allegations are conclusively refuted by the record, the claim may be summarily denied." (quoting Fla. R. Crim. P. 3.850(h)(2))).