DAVID W. WAINER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
David W. Wainer appeals the summary denial of his motion filed in accordance with Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review of the merits of his claim.
Though this was Wainer’s second motion, we hold that it was not successive, an abuse of process, or time barred. Wainer alleged that the grounds were not known and could not have been known at the time he filed his initial motion. More specifically, he alleges that he learned of the claim, the existence of a favorable plea offer, while preparing with counsel for proceedings associated with the first motion. See generally Gallant v. State, 898 So. 2d 1156 (Fla. 2d DCA 2005). Consequently, we remand for further review of Wainer’s claim. Cottle v. State, 783 So. 2d 963 (Fla.1999).
STEVENSON, C.J., POLEN and SHAHOOD, JJ., concur.
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Wainer v. State, 965 So. 2d 1240 (Fla. 4th DCA 2007)…id W. Wainer appeals the summary denial of his motion filed in accordance with Florida Rule of Criminal Procedure 3.850. Through a previous appeal we concluded that Wainer’s claim was timely and remanded the case for further review. Wainer v. State, 943 So. 2d 894 (Fla. 4th DCA 2006). The order denying relief following remand accepted the state’s position that the record refutes Wainer’s claim associated with a favorable plea offer. We reverse and remand for the trial court to conduct an evidentiary hearing o…
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Goldman v. State, 171 So. 3d 234 (Fla. 4th DCA 2015)…suggesting that Goldman was made aware of the plea offer and rejected it, her claim is not conclusively refuted by the record. We therefore reverse and remand for an evidentiary hearing on her claim of an unconveyed plea offer. See Warner v. State, 943 So. 2d 894 (Fla. 4th DCA 2006); Gallant v. State, 898 So. 2d 1156 (Fla. 2d DCA 2005). Reversed and Remanded. WARNER, GROSS and DAMOORGIAN, JJ., concur.…
Authorities Cited
- Gallant v. State, 898 So. 2d 1156 (Fla. 2d DCA 2005)