DUANE WALKER v. State

Third District Court of Appeal
State of Florida
Opinion filed March 17, 2021.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-423
Lower Tribunal No. F00-25707
________________
Duane Walker,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Zachary James, Judge.
Duane Walker, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, C.J., and FERNANDEZ and MILLER, JJ.
PER CURIAM.
Affirmed. See Bradley v. State, 3 So. 3d 1168 (Fla. 2009) (holding that
defect in the charging document, which omitted a required element for
sentencing enhancement, was cured by defendant’s explicit waiver of such
defect during plea colloquy); Fla. R. Crim. P. 3.850(h)(2) (providing: “A
second or successive motion is an extraordinary pleading. Accordingly, a
court may dismiss a second or successive motion if the court finds that it fails
to allege new or different grounds for relief and the prior determination was
on the merits or, if new and different grounds are alleged, the judge finds
that the failure of the defendant or the attorney to assert those grounds in a
prior motion constituted an abuse of the procedure or there was no good
cause for the failure of the defendant or defendant's counsel to have
asserted those grounds in a prior motion.”)
2