Rivas v. State

Defendant appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion, which the trial court denied as successive. We reverse.

A review of the motions previously filed by defendant demonstrates that the June 4, 2004 Rule 3.850 motion under consideration was timely and not successive.1 Defendant filed several Rule 3.800 motions attacking his sentence, and filed a motion entitled “Motion for Post Conviction Re-liefTixtension of Time” in which he merely requested an extension of time to file a Rule 3.850 motion. The trial court denied this motion as successive. In the June 4…