Dennis J. McArthur, Sr. v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 29, 2020
Docket3D19-1648
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 29, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1648
Lower Tribunal No. 11-9093
________________
Dennis J. McArthur, Sr.,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Stacy D. Glick, Judge.
Dennis J. McArthur, Sr., in proper person.
Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney
General, for appellee.
Before EMAS, C.J., and SCALES and GORDO, JJ.
PER CURIAM.
Affirmed. See McArthur v. State, No. 3D19-1465, 2019 WL 6356428 (Fla.
3d DCA Nov. 27, 2019); Fla. R. Crim. P. 3.850(h)(2) (βA 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.β); see also Perez v. State, 34 So. 3d
99, 100 (Fla. 3d DCA 2010); Bond v. State, 931 So. 2d 1043, 1043β44 (Fla. 3d DCA
2006); Ragan v. State, 643 So. 2d 1175, 1176 (Fla. 3d DCA 1994).
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