Ramirez v. State

822 So.2d 593 (2002)

Gustavo RAMIREZ, Appellant,

v.

STATE of Florida, Appellee.

No. 2D02-1859.

District Court of Appeal of Florida, Second District.

August 9, 2002.

STRINGER, Judge.

Gustavo Ramirez appeals the order summarily denying his timely motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied Ramirez's second post-conviction relief motion as successive. We disagree and reverse the trial court's order denying Ramirez relief.

The prior motion filed by Ramirez, even though denominated a motion for postconviction relief, only raised…