Florida District Courts of Appeal, 2000

Nahm v. State

Nahm v. State
Florida District Courts of Appeal · Decided June 2, 2000 · Blue, Green, Threadgill
760 So. 2d 253; 2000 Fla. App. LEXIS 6665; 2000 WL 709151 (Southern Reporter, Second Series)

Nahm v. State

Opinion of the Court

PER CURIAM.

David Nahm appeals the summary denial of his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied Nahm’s pro se motion as successive based upon a prior postconviction motion filed on Nahm’s behalf by his trial counsel. Nahm’s current motion alleges numerous instances of ineffective assistance of that same trial counsel. Under these circumstances, Nahm’s second motion is not procedurally barred. See Parker v. Dugger, 660 So.2d 1386 (Fla. 1995). We, therefore, reverse the trial court’s order and remand *254for the trial court to consider the motion on its merits.

Reversed and remanded.

. THREADGILL, A.C.J., and BLUE and GREEN, JJ., Concur.

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