Watson v. State

George B. Watson appeals the summary denial of his “renewed motion for postcon-viction remedy, request for judicial notice” filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as being successive and an abuse of procedure under rule 3.850(f). We reverse.

Watson had previously filed a rule 3.850 motion raising similar claims to those in his renewed motion. The trial court had ordered the State to respond to the prior motion and determined that the response did not conclusively refute Watson’s claims. It accordingly scheduled the motion for an…