Rivers v. State

District Court of Appeal of Florida

Rivers v. State

838 So. 2d 1265, 2003 Fla. App. LEXIS 3372, 2003 WL 1092785

Procedural entryThis page is a short order in Rivers v. State. Read the opinion of the Court — 792 So. 2d 564 →

District Court of Appeal of Florida·Decided March 14, 2003·No. No. 5D02-3647·Published

Opinion

PER CURIAM.

The Appellant, James Edward Rivers, appeals the denial of his Petition for Writ of Habeas Corpus. The trial court denied the petition after finding that it was successive to an earlier filed petition. The State concedes that the petition before the trial court was not successive. Accordingly, we reverse the denial of the petition and remand this matter to the trial court for a consideration of the merits.

REVERSED and REMANDED.

THOMPSON, C.J., ORFINGER and MONACO, JJ., concur.

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PER CURIAM.

The Appellant, James Edward Rivers, appeals the denial of his Petition for Writ of Habeas Corpus. The trial court denied the petition after finding that it was successive to an earlier filed petition. The State concedes that the petition before the trial court was not successive. Accordingly, we reverse the denial of the petition and remand this matter to the trial court for a consideration of the merits.

REVERSED and REMANDED.

THOMPSON, C.J., ORFINGER and MONACO, JJ., concur.

Rivers v. State, 838 So. 2d 1265, 2003 Fla. App. LEXIS 3372, 2003 WL 1092785 (Fla. Ct. App. 2003).

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