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JONES v. STATE

No. 1D00-3569.

798 So.2d 795 (2001)

Joe JONES, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 22, 2001.

Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General; Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant's rule 3.850 motion was improperly summarily denied as successive. Browning v. State, 687 So.2d 950 (Fla. 1st DCA 1997); Ames v. State, 518 So.2d 465 (Fla. 1st DCA 1988). We reverse and remand the case for the trial court to consider, upon an evidentiary hearing if necessary, the appellant's claim of ineffective assistance of counsel.

REVERSED AND...

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