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FRANCOIS v. STATE

No. 3D02-2494.

833 So.2d 800 (2002)

Richardson FRANCOIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 11, 2002.

Attorney(s) appearing for the Case

Richardson Francois, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, COPE, and GODERICH, JJ.

PER CURIAM.

Affirmed.

JORGENSON and GODERICH, JJ., concur.

COPE, J. (concurring).

I do not agree with the trial court's ruling that the motion under Florida Rule of Criminal Procedure 3.850 was impermissibly successive. Defendant-appellant Francois adequately explained that the instant motion could not have been filed until he obtained the trial transcript, whereas the earlier 3.850 motion raised exclusively a sentencing issue under Heggs...

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