Johnathan Simon v. The State of Florida

Summary

The Florida Third District Court of Appeal affirmed the denial of Johnathan Simon’s fourth motion for post-conviction relief under Florida Rule of Criminal Procedure 3.800. The court held that the motion was procedurally barred as successive because it attempted to relitigate issues raised and decided in prior motions.

Holdings

1. A successive Rule 3.800 motion is procedurally barred when it seeks to relitigate issues that were previously presented and decided on the merits; Simon's motion was therefore barred.

Questions Presented

1. Whether Simon's most recent Rule 3.800 motion was procedurally barred as a successive motion because it sought to relitigate issues previously raised and decided on the merits.

Disposition

affirmed