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943 So. 2d 894

Docket No. 4D06-2393.

Wainer v. State

David W. WAINER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 29, 2006.

Rehearing Denied January 5, 2007.

District Court of Appeal of Florida · decided 2006-11-29

Cited by 2 later decisions — most recently August 2015

2 state decisions

Relies on 733 So. 2d 963 - Cottle v. State · Gallant v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-11-29

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¶1David W. Wainer, Polk City, pro se.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and August Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4David 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.

¶5Though 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,733 So.2d 963 (Fla. 1999).

¶6STEVENSON, C.J., POLEN and SHAHOOD, JJ., concur.

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