Opinion
Case No. 4D04-1892.
Opinion filed July 21, 2004.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Jack H. Cook, Judge, L.T. Case No. 99-13064 CFA02.
Richard Evans, Crestview, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.
Richard Evans seeks review of the summary denial of his motion for postconviction relief filed pursuant to rule 3.850. The trial court erroneously denied this motion as successive, because it had previously treated a motion to modify sentence as a rule 3.850 motion. This motion, however, is in fact Evan's first rule 3.850 motion. Reversed.
GUNTHER, KLEIN and GROSS, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.