¶1Because 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).
700 So. 2d 469
Barbaree v. State
District Court of Appeal of Florida
Decided October 23, 1997
District Court of Appeal of Florida · decided 1997-10-23
Cited by 1 later decisions — most recently June 1998
1 state decisions
Relies on 589 So. 2d 368 - Freeman v. State · Williams v. State · Purcell v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1997-10-23
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