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Florida District Courts of Appeal, 2001

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided October 22, 2001 · Allen, Benton, Booth
798 So. 2d 795; 2001 Fla. App. LEXIS 14907; 2001 WL 1254920 (Southern Reporter, Second Series)

Jones v. State

Opinion of the Court

PER CURIAM.

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.

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