SMITH v. STATE

No. 96-2348.

685 So.2d 912 (1996)

Cleon L. SMITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

December 13, 1996.


Attorney(s) appearing for the Case

Cleon L. Smith, Madison, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Respondent.


GRIFFIN, Judge.

Petitioner seeks belated appeal of an order denying a 3.800 motion. The threshold issue presented is whether the defendant may obtain relief, based on a claim that he was not given proper gain time credit, by a successive Rule 3.800 motion. While it may be correct that Rule 3.800 does not prohibit successive motions, we hold that where, as here, a defendant raises an issue under Rule 3.800, the lower court denies relief and the defendant fails to appeal...

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