Wainer v. State

943 So.2d 894 (2006)

David W. WAINER, Appellant,

v.

STATE of Florida, Appellee.

No. 4D06-2393.

District Court of Appeal of Florida, Fourth District.

November 29, 2006.

Rehearing Denied January 5, 2007.

David W. Wainer, Polk City, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and August Bonavita, Assistant Attorney General, West Palm Beach, for appellee.

David W. Wainer appeals the summary denial of his motion filed in accordance with Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review of the merits of his claim.

Though this was Wainer's second motion, we…