George v. State

PER curiam:.

Appellant challenges an order by which his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 was summarily denied as successive. We reverse.

The trial court, without addressing appellant’s allegations of ineffective assistance of trial counsel, denied the motion for the reason that the motion was proeedurally barred as successive. Appellant complied with the dictates of Rule 3.850(c)(4), Florida Rules of Criminal Procedure, and Thomas v. State, 686 So.2d 699 (Fla. 4th DCA 1996), by alleging that the trial court had failed to rule on the merits of…