PICKETT v. STATE (2024)

District Court of Appeal of Florida, Third District.

Fredric F. PICKETT, Jr., Appellant, v. The STATE of Florida, Appellee.

No. 3D24-0401

Decided: December 04, 2024

Before SCALES, LINDSEY, and GOODEN, JJ.

Fredric F. Pickett, Jr., in proper person. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Affirmed. See Guzman v. State, 329 So. 3d 806, 807 (Fla. 2d DCA 2021) (“A second or successive motion is classified by ․ rule [3.850(h)(2)] as ‘an extraordinary pleading.’ As such, the rule provides that the motion is subject to dismissal should the trial court conclude ‘that it fails to allege new or different grounds for relief and the prior determination was on the merits.’ Where the claim is legally insufficient or its allegations are conclusively refuted by the record, the claim may be summarily denied.” (quoting Fla. R. Crim. P. 3.850(h)(2))).

PER CURIAM.

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