MCARTHUR v. STATE (2020)

District Court of Appeal of Florida, Third District.

Dennis J. MCARTHUR, Sr., Appellant, v. The STATE of Florida, Appellee.

No. 3D19-1648

Decided: April 29, 2020

Before EMAS, C.J., and SCALES and GORDO, JJ.

Dennis J. McArthur, Sr., in proper person. Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

Affirmed. See McArthur v. State, 290 So.3d 902 (Fla. 3d DCA 2019); Fla. R. Crim. P. 3.850(h)(2) (“A second or successive motion is an extraordinary pleading. Accordingly, a court may dismiss a second or successive motion if the court finds that it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, the judge finds that the failure of the defendant or the attorney to assert those grounds in a prior motion constituted an abuse of the procedure or there was no good cause for the failure of the defendant or defendant's counsel to have asserted those grounds in a prior motion.”); see also Perez v. State, 34 So. 3d 99, 100 (Fla. 3d DCA 2010); Bond v. State, 931 So. 2d 1043, 1043–44 (Fla. 3d DCA 2006); Ragan v. State, 643 So. 2d 1175, 1176 (Fla. 3d DCA 1994).

PER CURIAM.

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