Kuiken v. State

ON CONFESSION OF ERROR

LAGOA, J.

Appellant, Jon W.F. Kuiken (“Kuiken”), appeals the trial court’s order denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as successive. Based on the State’s proper confession of error with which we agree, we reverse the trial court’s order.

On September 19, 2011, Kuiken filed his Rule 3.850 motion seeking to vacate his judgment and sentence based on juror misconduct and ineffective assistance of counsel in rejecting a favorable plea offer of ten years state prison. The trial…