NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003 FLAVIO JOSE GAVINO, Appellant, vs. THE STATE OF FLORIDA, Appellee. ** ** ** ** ** CASE NO. 3D03-759 LOWER TRIBUNAL NOS. F92-21877 F93-686
Opinion filed April 16, 2003. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Jose Rodriguez, Judge. Flavio Jose Gavino, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before SCHWARTZ, C.J., and GREEN and WELLS, JJ. PER CURIAM. The appellant’s motion for post sentence relief under Florida Rule of Criminal Procedure 3.800 was correctly denied as improperly successive to at least two prior cases. See Gavino v. State, 827
So. 2d 1112 (Fla. 3d DCA 2002); Gavino v. State, 693 So. 2d 985 (Fla. 3d DCA 1997); Francois v. State, 470 So. 2d 687 (Fla. 1985), cert. denied, 485 U.S. 1122 (1982); Carter v. State, 832 So. 2d 247 (Fla. 5th DCA 2002).
