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EVANS v. STATE

No. 4D04-1892.

876 So.2d 1284 (2004)

Richard EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 21, 2004.

Attorney(s) appearing for the Case

Richard Evans, Crestview, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Richard Evans seeks review of the summary denial of his motion for postconviction relief filed pursuant to rule 3.850. The trial court erroneously denied this motion as successive, because it had previously treated a motion to modify sentence as a rule 3.850 motion. This motion, however, is in fact Evan's first rule 3.850 motion. Reversed.

GUNTHER, KLEIN and GROSS...

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