COLLIE COX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
COLLIE COX, APPELLANT,
STATE OF FLORIDA, APPELLEE
869 So. 2d 27
Florida District Court of Appeal, Second District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
WALLACE, Judge.
We affirm the order of the trial court summarily denying Collie Cox’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Our affirmance is without prejudice to any right Cox might have to file, within thirty days from the date of the mandate in this case, a rule 3.850 motion that raises a facially sufficient claim in regard to ground one of the present motion. Any such motion shall not be considered successive.
Affirmed.
FULMER and SILBERMAN, JJ., concur.
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Citator
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Lara v. State, 170 So. 3d 133 (Fla. 5th DCA 2015)…to trial in the hope that he could show that his testimony was more credible than the victim’s. The State concedes error in the summary denial of ground five. See Moreland v. State, 945 So. 2d 606, 606-07 (Fla. 4th DCA 2006); Montgomery v. State, 869 So. 2d 27, 28 (Fla. 2d DCA 2004); Carswell v. State, 845 So. 2d 263, 263 (Fla. 2d DCA 2003). AFFIRMED IN PART; REVERSED IN PART; and REMANDED. COHEN, BERGER, and WALLIS, JJ., concur.…