Michael Joseph Nilio v. State of Florida

This opinion addresses two cases which have been consolidated for purposes of travel and disposition. The consolidated cases involve the appeal of the denial of two postconviction motions, one filed in September of 2013 (case 15-0498), and one filed in February of 2014 (case 15-0251), both of which raise the same issue. We reverse and remand the denial of the appellant’s September 2013 motion for post-conviction relief. Because the February 2014 motion raises the same claim, 1 which is to be addressed on remand, we affirm the summary denial of the February 2014 motion.

In November of 2010, the…