Patel v. State

WEBSTER, Judge.

Appellant seeks review of a final order denying Ms motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. The trial court based its denial of the motion on the conclusion that the issue raised by appellant had been raised previously, and decided adversely to him, on Ms direct appeal from Ms convictions. Because the issue raised by appellant amounts to a claim of fundamental error, and was not raised on appellant’s direct appeal, we reverse.

The record reflects that appellant was charged with a violation of the Racketeer Influenced and…