Rogers v. State, 831 So. 2d 680

PER CURIAM.

Scott A. Rogers appeals from the trial court’s order summarily denying his rule 3.850 motion for postconviction relief.

We affirm the trial court’s order, but do so without prejudice to appellant filing a 3.850 motion for postconviction relief raising the claim of whether appellant’s speedy trial rights were violated, as he raised this claim for the first time in his motion for rehearing. See Johnson v. State, 782 So.2d 486 (Fla. 2d DCA 2001). Any such motion raising this claim should not be deemed successive. Id.

POLEN, C.J., FARMER and HAZOURI, JJ., concur.

Case Details

Case Name: Rogers v. State

Court Name: District Court of Appeal of Florida

Date Published: Jul 31, 2002

Citations: 831 So. 2d 680; 2002 Fla. App. LEXIS 10818; 2002 WL 1758357; No. 4D02-209

Docket Number: No. 4D02-209

Court Abbreviation: Fla. Dist. Ct. App.