Reed v. State

We reverse, in part, the order denying defendant’s post conviction relief motion. The court erred in denying the motion as successive. A motion for post-conviction relief filed solely for the purpose of obtaining a belated appeal does not render a subsequent post-conviction relief motion successive when the latter motion alleges ineffective assistance of counsel based on other grounds. Owens v. State, 721 So.2d 1210 (Fla. 1st DCA 1998); Kiser v. State, 649 So.2d 333 (Fla. 1st DCA 1995).

We therefore reverse that portion of the order denying defendant relief on ineffective assistance of trial…