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Johnathan Simon, Appellant, v. The State of Florida, Appellee.
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.
PER CURIAM.
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Docket No: No. 3D24-1557
Decided: September 17, 2025
Court: District Court of Appeal of Florida, Third District.
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