Johnathan Simon v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: September 17, 2025
• Docket: 3D2024-1557
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed September 17, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1557 Lower Tribunal No. F09-29998 ________________

Johnathan Simon, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge.

Johnathan Simon, in proper person.

James Uthmeier, Attorney General, and Daihana Chang, Assistant Attorney General, for appellee.

Before FERNANDEZ, LINDSEY and BOKOR, JJ.

PER CURIAM. In his fourth motion for post-conviction relief, Appellant Johnathan

Simon seeks redress for what he alleges is an unlawful sentence following

his convictions for First Degree Murder with a firearm, discharged resulting

in death or great bodily harm, and Attempted Second Degree Murder with

actual possession and discharge of a firearm. Because Appellant’s most

recent Rule 3.800 motion is an attempt to relitigate similar issues raised in

previous motions, which were all denied on the merits, it is procedurally

barred as successive. State v. McBride, 848 So. 2d 287, 290-91 (Fla. 2003)

(holding that, although res judicata and Rule 3.800 allow a defendant to file

successive 3.800 motions raising new issues, collateral estoppel bars such

motions which litigate issues previously presented and decided). Thus, the

trial court did not err in denying it as such. Accordingly, we affirm.

Affirmed.