NELSON v. STATE

No. 3D10-2731.

56 So.3d 91 (2011)

James B. NELSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 2, 2011.


Attorney(s) appearing for the Case

James B. Nelson , in proper person.

Pamela Jo Bondi , Attorney General, for appellee.

Before RAMIREZ, C.J., and LAGOA, J., and SCHWARTZ, Senior Judge.


RAMIREZ, C.J.

James B. Nelson appeals the summary denial of his Motion for Post-Conviction Relief pursuant to rule 3.853, Florida Rules of Criminal Procedure. The motion was denied as successive. However, because a review of the record reveals that his prior motion for relief pursuant to rule 3.853 was denied as facially insufficient, we reverse.

"A trial court `may not summarily dismiss a successive motion for post-conviction relief that raises issues that...

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