GONZALEZ v. STATE (2019)

District Court of Appeal of Florida, Third District.

Arturo G. GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-424

Decided: April 24, 2019

Before FERNANDEZ, LOGUE, and MILLER, JJ.

Arturo G. Gonzalez, in proper person. Ashley Moody, Attorney General, for appellee.

Affirmed. See Gonzalez v. State, 789 So.2d 1091, 1092 (Fla. 3d DCA 2001) (“During the belated appeal, defendant accepted his counsel's advice that it would be in his best interest to forego making a Gray ¹ challenge. Having accepted the benefit of the bargain and having waived the Gray issue, the plea agreement cannot be reopened now.”); see also Fla. R. Crim. P. 3.800(a)(2) (“A court may dismiss a second or successive motion if the court finds that the motion fails to allege new or different grounds for relief and the prior determination was on the merits.”); Garcia v. State, 69 So.3d 1003, 1004 (Fla. 3d DCA 2011) (“[A] defendant is not entitled to successive review of a specific issue that already has been decided on the merits.”) (citation omitted).

FOOTNOTES

1. State v. Gray, 654 So.2d 552 (Fla. 1995).

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network