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Florida District Courts of Appeal, 2003

Rivers v. State

Rivers v. State
Florida District Courts of Appeal · Decided March 14, 2003 · Monaco, Orfinger, Thompson
838 So. 2d 1265; 2003 Fla. App. LEXIS 3372; 2003 WL 1092785 (Southern Reporter, Second Series)

Rivers v. State

Opinion of the Court

PER CURIAM.

The Appellant, James Edward Rivers, appeals the denial of his Petition for Writ of Habeas Corpus. The trial court denied the petition after finding that it was successive to an earlier filed petition. The State concedes that the petition before the trial court was not successive. Accordingly, we reverse the denial of the petition and remand this matter to the trial court for a consideration of the merits.

REVERSED and REMANDED.

THOMPSON, C.J., ORFINGER and MONACO, JJ., concur.

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