District Court of Appeal of Florida August 27, 2003, No. 4D02-3933 (Harley v. State)

WARNER, J.

We affirm the trial court’s order denying appellant’s second and successive motion for postconviction relief. The court held that it was not based on “newly discovered” evidence and was an abuse of process.

Appellant was convicted of burglary of a dwelling while armed with a firearm and aggravated battery with a firearm. His defense was misidentification.