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Evans v. State

876 So. 2d 1284, 2004 Fla. App. LEXIS 10828, 2004 WL 1621652
Procedural entryThis page is a short order in Evans v. State. Read the opinion of the Court — 831 So. 2d 808 →
District Court of Appeal of Florida·Decided July 21, 2004·No. No. 4D04-1892·Published

Opinion

PER CURIAM.

Richard Evans seeks review of the summary denial of his motion for postconviction relief filed pursuant to rule 3.850. The trial court erroneously denied this motion as successive, because it had previously treated a motion to modify sentence as a rule 3.850 motion. This motion, however, is in fact Evan’s first rule 3.850 motion. Reversed.

GUNTHER, KLEIN and GROSS, JJ., concur.

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Evans v. State, 876 So. 2d 1284, 2004 Fla. App. LEXIS 10828, 2004 WL 1621652 (Fla. Ct. App. 2004).

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