WAINER v. STATE

No. 4D06-2393.

943 So.2d 894 (2006)

David W. WAINER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 5, 2007.


Attorney(s) appearing for the Case

David W. Wainer, Polk City, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and August Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

David W. Wainer appeals the summary denial of his motion filed in accordance with Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review of the merits of his claim.

Though this was Wainer's second motion, we hold that it was not successive, an abuse of process, or time barred. Wainer alleged that the grounds were not known and could not have been known at the time he filed his initial motion. More specifically, he alleges...

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