Gould v. State

NORTHCUTT, Judge.

Shannon Gould appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The circuit court denied Gould’s motion in the belief that it was successive. The court was mistaken. Therefore, we reverse and remand for further proceedings.

In his rule 3.850 motion, Gould alleged four ineffective assistance of counsel claims. The postconviction court, relying on Vining v. State, 827 So.2d 201, 213 (Fla.2002), denied Gould’s motion as successive because Gould had previously filed a motion alleging that his counsel was…