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Pacheco v. State

District Court of Appeal of Florida, Third District
Mar 2, 1993
613 So. 2d 617 (Fla. Dist. Ct. App. 1993)

Summary

holding that the defendant was procedurally barred from raising a new claim in a successive postconviction motion when the defendant failed to demonstrate why he was unable to raise this claim in his initial postconviction motion

Summary of this case from Overton v. State

Opinion

No. 92-2455.

March 2, 1993.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Martin D. Kahn, Judge.

Jorge Alphonso Pacheco, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before NESBITT, LEVY and GERSTEN, JJ.


Affirmed. Appellant, Pacheco, is procedurally barred from raising a new claim in his second rule 3.850 motion for post-conviction relief since he has failed to demonstrate why he was unable to raise this claim in his first rule 3.850 motion for post-conviction relief. Bertolotti v. State, 565 So.2d 1343, 1345 (Fla. 1990); Christopher v. State, 489 So.2d 22, 24 (Fla. 1986).


Summaries of

Pacheco v. State

District Court of Appeal of Florida, Third District
Mar 2, 1993
613 So. 2d 617 (Fla. Dist. Ct. App. 1993)

holding that the defendant was procedurally barred from raising a new claim in a successive postconviction motion when the defendant failed to demonstrate why he was unable to raise this claim in his initial postconviction motion

Summary of this case from Overton v. State
Case details for

Pacheco v. State

Case Details

Full title:JORGE ALPHONSO PACHECO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 2, 1993

Citations

613 So. 2d 617 (Fla. Dist. Ct. App. 1993)

Citing Cases

Overton v. State

Thus, this claim should have been presented, if at all, in Overton's initial postconviction motion. See…