Opinion
No. 1D00-3569.
October 22, 2001.
An appeal from the Circuit Court for Alachua County. Chester B. Chance, Judge.
Appellant, pro se.
Robert A. Butterworth, Attorney General; Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee.
The 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.
REVERSED AND REMANDED.
ALLEN, C.J., BOOTH and BENTON, JJ., CONCUR.