Senelus v. State

The defendant, Steve Senelus, appeals an order denying his motion for postcon-viction relief filed under Florida Rules of Criminal Procedure 3.850 on the ground the motion was successive. We remand for further proceedings.

The defendant was convicted of grand theft of a truck and trailer, and robbery for taking the contents of a briefcase that was inside the truck. On appeal, we vacated the conviction for grand theft under double-jeopardy principles and remanded for resentencing. See Senelus v. State, 994 So.2d 493 (Fla. 3d DCA 2008). The defendant was resentenced on January 30, 2009.

The only…