Opinion
No. 4D06-983.
May 17, 2006.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 97-10266CF10A.
Carey Haughwout, Public Defender, and Elisabeth Porter, Assistant Public Defender, West Palm Beach, for appellant.
No appearance required for appellee.
This is an appeal from an order summarily denying a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.
We 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.
We 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.