Vann v. State

569 So.2d 867 (1990)

Donald VANN, Appellant,

v.

STATE of Florida, Appellee.

No. 90-02187.

District Court of Appeal of Florida, Second District.

November 9, 1990.

Donald Vann appeals the denial of his motion for postconviction relief. We reverse.

The trial court originally denied the motion without an evidentiary hearing, finding that it was Vann's third. However, both previous motions sought only to correct the sentence and were filed under Florida Rule of Criminal Procedure 3.800(a), not rule 3.850. Thus, on appeal we held that the rule's proscription of successive motions was not applicable in this…