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Rogers v. State

District Court of Appeal of Florida, Fourth District
Jul 31, 2002
831 So. 2d 680 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 4D02-209.

Opinion filed July 31, 2002. Rehearing Denied December 13, 2002.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Dan L. Vaughn, Judge; L.T. Case No. 99-1415 CFA.

Scott A. Rogers, Bowling Green, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.


Scott A. Rogers appeals from the trial court's order summarily denying his rule 3.850 motion for postconviction relief.

We affirm the trial court's order, but do so without prejudice to appellant filing a 3.850 motion for postconviction relief raising the claim of whether appellant's speedy trial rights were violated, as he raised this claim for the first time in his motion for rehearing. See Johnson v. State, 782 So.2d 486 (Fla. 2d DCA 2001). Any such motion raising this claim should not be deemed successive. Id.

POLEN, C.J., FARMER and HAZOURI, JJ., concur.


Summaries of

Rogers v. State

District Court of Appeal of Florida, Fourth District
Jul 31, 2002
831 So. 2d 680 (Fla. Dist. Ct. App. 2002)
Case details for

Rogers v. State

Case Details

Full title:SCOTT A. ROGERS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 31, 2002

Citations

831 So. 2d 680 (Fla. Dist. Ct. App. 2002)