Czetli v. State

NORTHCUTT, Chief Judge.

Shane P. Czetli appeals the summary dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the postconviction court’s order and remand for consideration on the merits.

The postconviction court dismissed Czet-li’s instant motion as successive under rule 3.850(f), relying on a prior rule 3.850 motion that Czetli filed on October 24, 2004. In that prior motion, Czetli attacked the constitutionality of his sexual predator designation. However, until this court issued its 2005 opinion in King v. State, 911…