Rogers v. State

831 So. 2d 680, 2002 Fla. App. LEXIS 10818, 2002 WL 1758357
Procedural entryThis page is a short order in Rogers v. State. Read the opinion of the Court — 1999 Fla. App. LEXIS 11833
District Court of Appeal of Florida·Decided July 31, 2002·No. No. 4D02-209·Published

Opinion

PER CURIAM.

Scott A. Rogers appeals from the trial court’s order summarily denying his rule 3.850 motion for postconviction relief.

We affirm the trial court’s order, but do so without prejudice to appellant filing a 3.850 motion for postconviction relief raising the claim of whether appellant’s speedy trial rights were violated, as he raised this claim for the first time in his motion for rehearing. See Johnson v. State, 782 So.2d 486 (Fla. 2d DCA 2001). Any such motion raising this claim should not be deemed successive. Id.

POLEN, C.J., FARMER and HAZOURI, JJ., concur.

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Rogers v. State, 831 So. 2d 680, 2002 Fla. App. LEXIS 10818, 2002 WL 1758357 (Fla. Ct. App. 2002).

831 So. 2d 680 (Rogers v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Johnson v. State
782 So. 2d 486 (District Court of Appeal of Florida, 2001)