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929 So. 2d 650

Flowers v. State

District Court of Appeal of Florida · decided 2006-05-17

Decided 2006-05-17

PER CURIAM.

¶1This is an appeal from an order summarily denying a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.

¶2We disagree with the state’s position that this motion was properly denied as successive. This motion attacked a different final proceeding than an earlier 3.850 motion.

¶3We affirm the summary denial on the merits. The circuit court’s handling of the misdemeanor cases was in the context of deciding whether appellant was guilty of violating his probation on a felony offense. The circuit court had jurisdiction.

STONE, FARMER and GROSS, JJ., concur.
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