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Hill v. State

District Court of Appeal of Florida, Second District
Dec 13, 2006
946 So. 2d 47 (Fla. Dist. Ct. App. 2006)

Opinion

No. 2D06-3248.

December 13, 2006.

Appeal from The Circuit Court, Manatee County, Marc B. Gilner, J.


James Hill appeals the summary denial of his motion for postconviction relief and amended motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. Hill previously filed a rule 3.850 motion that the postconviction court summarily denied. This court affirmed the postconviction court's order in Hill v. State, 888 So.2d 635 (Fla. 2d DCA 2004) (table decision). In the current motions, Hill failed to allege any justification for his failure to raise his new claims in his first rule 3.850 motion. Therefore, we affirm the postconviction court's order because Hill's motions are successive. See Fla.R.Crim.P. 3.850(f); Balko v. State, 934 So.2d 662, 663 (Fla. 2d DCA 2006).

Affirmed.

ALTENBERND, SILBERMAN, and WALLACE, JJ., Concur.


Summaries of

Hill v. State

District Court of Appeal of Florida, Second District
Dec 13, 2006
946 So. 2d 47 (Fla. Dist. Ct. App. 2006)
Case details for

Hill v. State

Case Details

Full title:James HILL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 13, 2006

Citations

946 So. 2d 47 (Fla. Dist. Ct. App. 2006)