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798 So. 2d 795

Jones v. State

District Court of Appeal of Florida

Decided October 22, 2001

District Court of Appeal of Florida · decided 2001-10-22

Relies on Browning v. State · 518 So. 2d 465 - Ames v. State

Decided 2001-10-22

PER CURIAM.

¶1The appellant’s rule 3.850 motion was improperly summarily denied as successive. Browning v. State, 687 So.2d 950 (Fla. 1st DCA 1997); Ames v. State, 518 So.2d 465 (Fla. 1st DCA 1988). We reverse and remand the case for the trial court to consider, upon an evidentiary hearing if necessary, the appellant’s claim of ineffective assistance of counsel.

¶2REVERSED AND REMANDED.

ALLEN, C.J., BOOTH and BENTON, JJ., concur.
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