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Meyer v. State

District Court of Appeal of Florida, Fifth District
Sep 16, 2011
69 So. 3d 1037 (Fla. Dist. Ct. App. 2011)

Summary

reversing the summary denial of a successive rule 3.850 motion for trial court's failure to attach to the denial order copies of the previous motion and denial order to demonstrate the successiveness of the motion

Summary of this case from Webb v. State

Opinion

No. 5D11–2430.

2011-09-16

Paul MEYER, Jr., Appellant,v.STATE of Florida, Appellee.


3.850 Appeal from the Circuit Court for Lake County, Lawrence Semento, Judge.Paul Meyer, Miami, pro se.Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.PER CURIAM.

The Appellant, Paul Meyer, Jr., seeks review of an order summarily denying his motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied Appellant's motion as successive, but did not attach to its denial order the previous motion and denial to demonstrate the successiveness of the motion. See

Bryant v. State, 944 So.2d 1016 (Fla. 3d DCA 2005); Smith v. State, 719 So.2d 1017 (Fla. 4th DCA 1998).

The order summarily denying post conviction relief is therefore reversed. The cause is remanded to the trial court, either for attachment of the previous motion and denial that demonstrate the successiveness of Appellant's motion or for consideration of the motion on its merits.

REVERSED.

ORFINGER, C.J., PALMER and JACOBUS, JJ., concur.


Summaries of

Meyer v. State

District Court of Appeal of Florida, Fifth District
Sep 16, 2011
69 So. 3d 1037 (Fla. Dist. Ct. App. 2011)

reversing the summary denial of a successive rule 3.850 motion for trial court's failure to attach to the denial order copies of the previous motion and denial order to demonstrate the successiveness of the motion

Summary of this case from Webb v. State
Case details for

Meyer v. State

Case Details

Full title:Paul MEYER, Jr., Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 16, 2011

Citations

69 So. 3d 1037 (Fla. Dist. Ct. App. 2011)

Citing Cases

Webb v. State

Rule 3.850(h)(2) permits a trial court to dismiss a successive rule 3.850 motion raising new or different…