Scott v. State

MICKLE, Judge.

Roy Nebraska Scott appeals from an order denying, as impermissibly successive, his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further consideration upon an evidentiary hearing or for attachment of those portions of the record conclusively showing Scott is entitled to no relief.

Scott was convicted following a jury trial of one count of possession of cocaine. A direct appeal to this court was affirmed. Scott v. State, 600 So.2d 1 (Fla. 1st DCA 1992). In the instant motion for post-conviction relief, Scott…