Nelson v. State

James B. Nelson appeals the summary denial of his Motion for Post-Conviction Relief pursuant to rule 3.853, Florida Rules of Criminal Procedure. The motion was denied as successive. However, because a review of the record reveals that his prior motion for relief pursuant to rule 3.853 was denied as facially insufficient, we reverse.

“A trial court ‘may not summarily dismiss a successive motion for post-conviction relief that raises issues that were either summarily denied or dismissed for legal insufficiency in the initial motion.’” Spera v. State, 971 So.2d 754, 758 (Fla. 2007), quoting…