Crescenzo v. State

987 So.2d 150 (2008)

Dino K. CRESCENZO, Appellant,

v.

STATE of Florida, Appellee.

No. 2D07-5503.

District Court of Appeal of Florida, Second District.

July 11, 2008.

FULMER, Judge.

Dino K. Crescenzo appeals from the postconviction court's order dismissing his Florida Rule of Criminal Procedure 3.850 motion as successive. Because his prior claim was not decided on the merits, we reverse.

In a timely motion for postconviction relief filed in March 2005, Mr. Crescenzo asserted, in ground four, ineffective assistance of his trial counsel for failing to inform him that he was required to immediately accept…