Home/District Court of Appeal of Florida/Barbaree v. State

Barbaree v. State

700 So. 2d 469, 1997 Fla. App. LEXIS 12002, 1997 WL 656258
CourtDistrict Court of Appeal of Florida
DecidedOctober 23, 1997
DocketNo. 97-1735
StatusPublished

This text of 700 So. 2d 469 (Barbaree v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barbaree v. State, 700 So. 2d 469, 1997 Fla. App. LEXIS 12002, 1997 WL 656258 (Fla. Ct. App. 1997).

Opinion

PER CURIAM.

Because the order by which the appellant’s earlier Florida Rule of Criminal Procedure 3.850 motion was denied was not a determination “on the merits,” the trial court erred in denying the subsequent rule 3.850 motion as “successive.” See Fla.R.Crim.P. 3.850(f); Purcell v. State, 641 So.2d 514 (Fla. 1st DCA 1994); Freeman v. State, 589 So.2d 368 (Fla. 1st DCA 1991); Williams v. State, 561 So.2d 1349 (Fla. 1st DCA 1990). We accordingly reverse the order under review and remand this ease to the trial court for consideration of the appellant’s motion in accordance with rule 3.850(d).

MINER, ALLEN and WEBSTER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Freeman v. State
589 So. 2d 368 (District Court of Appeal of Florida, 1991)
Williams v. State
561 So. 2d 1349 (District Court of Appeal of Florida, 1990)
Purcell v. State
641 So. 2d 514 (District Court of Appeal of Florida, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
700 So. 2d 469, 1997 Fla. App. LEXIS 12002, 1997 WL 656258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbaree-v-state-fladistctapp-1997.