Narrative Opinion Summary
Owens' appeal of the trial court's summary denial of his motion under Florida Rule of Criminal Procedure 3.850 is affirmed. This marks Owens' fourth such motion, which questions the voluntariness of his guilty plea in prior criminal proceedings. The court notes that Owens does not provide any justification for failing to raise this issue in earlier motions, nor does the record indicate any reason. Thus, the current motion is deemed successive and improper. The court warns Owens that further similar collateral attacks could lead to forfeiture of gain time. The decision is affirmed with concurrence from Judges Cobb and Harris.
Legal Issues Addressed
Consequences of Repeated Collateral Attackssubscribe to see similar legal issues
Application: The court warned Owens that continued similar collateral attacks might result in the forfeiture of gain time.
Reasoning: The court warns Owens that further similar collateral attacks could lead to forfeiture of gain time.
Successive Motions under Florida Rule of Criminal Procedure 3.850subscribe to see similar legal issues
Application: The court held that Owens' fourth motion questioning the voluntariness of his guilty plea was successive and improper because he failed to provide justification for not raising the issue in earlier motions.
Reasoning: The court notes that Owens does not provide any justification for failing to raise this issue in earlier motions, nor does the record indicate any reason.