Thomas L. Carr v. State

CourtDistrict Court of Appeal of Florida
DecidedMay 29, 2017
Docket5D16-3959
StatusPublished

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.

Bluebook
Thomas L. Carr v. State, (Fla. Ct. App. 2017).

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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Thomas L. Carr v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-l-carr-v-state-fladistctapp-2017.