Nahm v. State

District Court of Appeal of Florida

Nahm v. State

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

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 2000

DocketNo. 2D99-3707

StatusPublished

Cited by1 cases

This text of 760 So. 2d 253 (Nahm 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.

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

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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]*254for the trial court to consider the motion on its merits.

Reversed and remanded.

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

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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]*254for the trial court to consider the motion on its merits.

Reversed and remanded.

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

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760 So. 2d 253, 2000 Fla. App. LEXIS 6665, 2000 WL 709151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nahm-v-state-fladistctapp-2000.

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