KILGORE v. STATE

No. 1D01-0891.

793 So.2d 1170 (2001)

Bobby Gene KILGORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 13, 2001.


Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General; James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant challenges an order of the trial court summarily denying his motion for postconviction relief. We conclude that the trial court erred when it addressed the merits of the appellant's rule 3.850 motion, and reverse.

The appellant filed a previous rule 3.850 motion for postconviction relief, which was denied on the merits by the trial court. The appellant then filed an appeal of that denial. Because the appeal was still pending before...

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