ELBERT D. HANEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Elbert D. Haney seeks review of an order denying his rule 3.850 motion for postconviction relief as successive. That determination was made based on this court’s affirmance of Haney’s previous motion to withdraw plea. In reviewing that case we note that any reference by this court to treatment of that appeal as involving a rule 3.850 motion was inadvertent.
Haney had filed a motion to withdraw pursuant to Florida Rule of Criminal Procedure 3.170(Z). The trial court denied the motion without reference to rule 3.850.
As a result, the rule 3.850 motion dated October 2005 is not a successive postcon-viction relief motion. Consequently, the case is remanded for further review of that motion.
WARNER, POLEN and STEVENSON, JJ., concur.
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Elbert D. Haney v. State, 10 So. 3d 1180 (Fla. 4th DCA 2009)…PER CURIAM. Elbert Haney seeks review of an order that denied his rule 3.850 motion, following [*1181] this court’s remand. See Haney v. State, 987 So. 2d 234 (Fla. 4th DCA 2008). In that case we concluded that Haney’s motion was not successive, and that any reference by this court to treatment of a prior case as a rule 3.850 appeal was inadvertent. See id. at 234. The case was remanded for further review…