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RIVAS v. STATE

No. 3D05-274.

906 So.2d 1193 (2005)

Alberto RIVAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 20, 2005.

Attorney(s) appearing for the Case

Alberto Rivas, in proper person.

Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee.

Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.

SHEPHERD, J.

Defendant appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion, which the trial court denied as successive. We reverse.

A review of the motions previously filed by defendant demonstrates that the June 4, 2004 Rule 3.850 motion under consideration was timely and not successive.1 Defendant filed several Rule 3.800 motions attacking his sentence, and filed a motion entitled "Motion for Post...

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