Florida District Courts of Appeal, 2004

Evans v. State

Evans v. State
Florida District Courts of Appeal · Decided July 21, 2004 · Gross, Gunther, Klein
876 So. 2d 1284; 2004 Fla. App. LEXIS 10828; 2004 WL 1621652 (Southern Reporter, Second Series)

Evans v. State

Opinion of the Court

PER CURIAM.

Richard Evans seeks review of the summary denial of his motion for postconviction relief filed pursuant to rule 3.850. The trial court erroneously denied this motion as successive, because it had previously treated a motion to modify sentence as a rule 3.850 motion. This motion, however, is in fact Evan’s first rule 3.850 motion. Reversed.

GUNTHER, KLEIN and GROSS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.