Thomas L. Carr v. State
This text of Thomas L. Carr v. State (Thomas L. Carr 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.
Opinion
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
THOMAS L. CARR,
Appellant,
v. Case No. 5D16-3959
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed June 2, 2017
3.850 Appeal from the Circuit Court for Brevard County, Jeffrey Mahl, Judge.
Thomas L. Carr, Milton, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Thomas L. Carr appeals the trial court’s order summarily denying his rule 3.850
motion for postconviction relief as improperly successive. After considering the unusual
facts and the unique procedural history of this case, we conclude that good cause existed
to allow the successive filing. See Fla. R. Crim. P. 3.850(h)(2). Accordingly, we reverse
the order of the trial court and remand for consideration on the merits.
REVERSED and REMANDED.
SAWAYA, BERGER, and WALLIS, JJ., concur.
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