MEINTZER v. STATE

No. 5D10-2027.

44 So.3d 207 (2010)

Carl David MEINTZER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 17, 2010.


Attorney(s) appearing for the Case

Carl David Meintzer, Jr. , Sanford, pro se.

Bill McCollum , Attorney General, Tallahassee, and Rebecca rock McGuigan , Assistant Attorney General, Daytona Beach, for Appellee.

Prior report: 865 So.2d 659.


PER CURIAM.

Appellant challenges the summary denial of his rule 3.850 motion for postconviction relief. Because the trial court erroneously determined that the motion was successive and denied it without considering its merits, we reverse.

Appellant filed a rule 3.850 motion on January 21, 2005, which was denied by order dated June 15, 2006. Due to an intervening appeal, however, we vacated the order, concluding that the trial court lacked jurisdiction.

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