Hansen v. State

District Court of Appeal of Florida

Hansen v. State

420 So. 2d 887, 1982 Fla. App. LEXIS 21327

CourtDistrict Court of Appeal of Florida

DecidedOctober 6, 1982

DocketNo. AM-231

StatusPublished

Cited by2 cases

This text of 420 So. 2d 887 (Hansen v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hansen v. State, 420 So. 2d 887, 1982 Fla. App. LEXIS 21327 (Fla. Ct. App. 1982).

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Opinion

MILLS, Judge.

In February 1970, Hansen pled guilty to second degree murder and was sentenced to 75 years imprisonment. More than 12 years later, Hansen filed a motion for post-conviction relief alleging ineffective assistance of counsel. The trial court denied the motion on the ground that it affirmatively appeared from the motion that it was legally insufficient to justify relief.

Although we do not agree with the trial court’s ruling, this motion should have been dismissed because in June 1970 Hansen filed a motion for post-cónviction relief, alleging the same or similar ground as that alleged in the motion under consideration, which the trial court denied and upon appeal to this Court was affirmed. Hansen v. State, 247 So.2d 18 (Fla. 1st DCA 1971). Hansen is not entitled to file a second post-conviction motion alleging the same ground as the previously disposed of motion. Williams v. State, 392 So.2d 323 (Fla. 1st DCA 1981).

AFFIRMED.

ERVIN and WIGGINTON, JJ., concur.

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MILLS, Judge.

In February 1970, Hansen pled guilty to second degree murder and was sentenced to 75 years imprisonment. More than 12 years later, Hansen filed a motion for post-conviction relief alleging ineffective assistance of counsel. The trial court denied the motion on the ground that it affirmatively appeared from the motion that it was legally insufficient to justify relief.

Although we do not agree with the trial court’s ruling, this motion should have been dismissed because in June 1970 Hansen filed a motion for post-cónviction relief, alleging the same or similar ground as that alleged in the motion under consideration, which the trial court denied and upon appeal to this Court was affirmed. Hansen v. State, 247 So.2d 18 (Fla. 1st DCA 1971). Hansen is not entitled to file a second post-conviction motion alleging the same ground as the previously disposed of motion. Williams v. State, 392 So.2d 323 (Fla. 1st DCA 1981).

AFFIRMED.

ERVIN and WIGGINTON, JJ., concur.

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420 So. 2d 887, 1982 Fla. App. LEXIS 21327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-state-fladistctapp-1982.

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