PADILLA v. STATE

No. 3D02-1498.

861 So.2d 1278 (2003)

Silvio Andres PADILLA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 24, 2003.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

Before COPE, GODERICH and SHEPHERD, JJ.


PER CURIAM.

Silvio Andres Padilla appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We remand for further proceedings.

The trial court denied the instant motion as being successive. We conclude that the court misapprehended the state of the record. It is true that defendantappellant Padilla had filed a previous pro se motion entitled "Amendment Information...

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