Scrambling v. State
This text of 919 So. 2d 671 (Scrambling 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.
Opinion
Mitchell D. SCRAMBLING, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
Mitchell D. Scrambling, Sanderson, pro se.
No Appearance for Appellee.
*672 PALMER, J.
Mitchell David Scrambling (defendant) appeals the trial court's order summarily denying his rule 3.850 motion.[1] Concluding that the defendant's motion is procedurally barred as being an improper successive motion in violation of rule 3.850(f), we affirm.
The defendant has filed two previous rule 3.850 motions. Both were summarily denied by the trial court and said rulings were affirmed by this court. See Scrambling v. State, 897 So.2d 549 (Fla. 5th DCA 2005); Scrambling v. State, 889 So.2d 84 (Fla. 5th DCA 2004). The claim raised in the defendant's current rule 3.850 motion is one that could have or should have been raised in his first rule 3.850 motion.
AFFIRMED.
SHARP, W. and TORPY, JJ., concur.
NOTES
[1] See Fla. R.Crim. P. 3.850.
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919 So. 2d 671, 2006 WL 193184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scrambling-v-state-fladistctapp-2006.