JOSEPH DEWAYNE BARBAREE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH DEWAYNE BARBAREE, APPELLANT,
STATE OF FLORIDA, APPELLEE
700 So. 2d 469
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Because the order by which the appellant’s earlier Florida Rule of Criminal Procedure 3.850 motion was denied was not a determination “on the merits,” the trial court erred in denying the subsequent rule 3.850 motion as “successive.” See Fla.R.Crim.P. 3.850(f); Purcell v. State, 641 So. 2d 514 (Fla. 1st DCA 1994); Freeman v. State, 589 So. 2d 368 (Fla. 1st DCA 1991); Williams v. State, 561 So. 2d 1349 (Fla. 1st DCA 1990). We accordingly reverse the order under review and remand this ease to the trial court for consideration of the appellant’s motion in accordance with rule 3.850(d).
MINER, ALLEN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jackson v. State, 711 So. 2d 1371 (Fla. 4th DCA 1998)…Jennings v. State, 685 So. 2d 879 (Fla. 2d DCA 1996)(reversing summary denial where defendant would have testified, in sexual battery case, to victim’s consent, a defense which could be advanced only through testimony of defendant); Smith v. State, 700 So. 2d 469 (Fla. 1st DCA 1997)(reversing summary denial where defendant would have offered a reasonable explanation for presence of his fingerprints at scene, the only evidence tying him to the crime).…
Authorities Cited
- Freeman v. State, 589 So. 2d 368 (Fla. 1st DCA 1991)
- Williams v. State, 561 So. 2d 1349 (Fla. 1st DCA 1990)
- Purcell v. State, 641 So. 2d 514 (Fla. 1st DCA 1994)
- Firestone v. Hinds, 641 So. 2d 514 (Fla. 1st DCA 1994)