Tisdol v. State

Full title: BYRON J. TISDOL, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Aug 14, 2002

823 So. 2d 300 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D01-3439

Opinion filed August 14, 2002.

An Appeal under Fla.R.App.P. 9.141(b)(2)(b)(2) from the Circuit Court for Dade County, Lawrence A. Schwartz, Judge. Lower Tribunal Nos. 93-2188, 94-5876.

Byron J. Tisdol, in proper person.

Robert A. Butterworth, Attorney General, and Kristine Keaton, Assistant Attorney General, for appellee.

Before JORGENSON, GODERICH, and SHEVIN, JJ.

PER CURIAM.

Affirmed. See Smith v. State, 685 So.2d 912 (Fla. 5th DCA 1996) ("[W]here, as here, a defendant raises an issue under Rule 3.800, the lower court denies relief and the defendant fails to appeal, he may not later raise the same issue in another Rule 3.800 motion.").