Nahm v. State

District Court of Appeal of Florida

Nahm v. State

760 So. 2d 253, 2000 Fla. App. LEXIS 6665, 2000 WL 709151

District Court of Appeal of Florida·Decided June 2, 2000·No. No. 2D99-3707·Published·Cited by 1 cases

Opinion

PER CURIAM.

David Nahm appeals the summary denial of his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied Nahm’s pro se motion as successive based upon a prior postconviction motion filed on Nahm’s behalf by his trial counsel. Nahm’s current motion alleges numerous instances of ineffective assistance of that same trial counsel. Under these circumstances, Nahm’s second motion is not procedurally barred. See Parker v. Dugger, 660 So.2d 1386 (Fla.1995). We, therefore, reverse the trial court’s order and remand [254] for the trial court to consider the motion on its merits.

Reversed and remanded.

. THREADGILL, A.C.J., and BLUE and GREEN, JJ., Concur.

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

PER CURIAM.

David Nahm appeals the summary denial of his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied Nahm’s pro se motion as successive based upon a prior postconviction motion filed on Nahm’s behalf by his trial counsel. Nahm’s current motion alleges numerous instances of ineffective assistance of that same trial counsel. Under these circumstances, Nahm’s second motion is not procedurally barred. See Parker v. Dugger, 660 So.2d 1386 (Fla.1995). We, therefore, reverse the trial court’s order and remand [254] for the trial court to consider the motion on its merits.

Reversed and remanded.

. THREADGILL, A.C.J., and BLUE and GREEN, JJ., Concur.

Nahm v. State, 760 So. 2d 253, 2000 Fla. App. LEXIS 6665, 2000 WL 709151 (Fla. Ct. App. 2000).

Pincite

760 So. 2d 253 (Nahm v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related