Jean Gerome v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: March 25, 2026
• Docket: 3D2025-1640
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 25, 2026. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-1640 Lower Tribunal No. F15-16272 ________________

Jean Gerome, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ariel Rodriguez, Judge.

Jean Gerome, in proper person.

James Uthmeier, Attorney General, Kayla Heather McNab, Assistant Attorney General, for appellee.

Before SCALES, C.J., and LINDSEY and GOODEN, JJ.

PER CURIAM. Affirmed. See Fla. R. Crim. P. 3.850(j)(2) (“A second or successive

motion is an extraordinary pleading. Accordingly, a court may dismiss a

second or successive motion if the court finds that it fails to allege new or

different grounds for relief and the prior determination was on the merits or,

if new and different grounds are alleged, the judge finds that the failure of

the defendant or the attorney to assert those grounds in a prior motion

constituted an abuse of the procedure or there was no good cause for the

failure of the defendant or defendant's counsel to have asserted those

grounds in a prior motion.”); id. at (c)(5) (“The motion . . . must also include

an explanation of . . . if a previous motion or motions have been filed, the

reason or reasons the claim or claims in the present motion were not raised

in the former motion or motions.”); Koons v. State, 165 So. 3d 718, 719–20

(Fla. 5th DCA 2015) (“When the movant fails to allege new and different

grounds, or fails to allege good cause for why the new and different grounds

were not alleged earlier, the court may summarily deny the motion as

successive.”).