Norris v. State

COVINGTON, Judge.

Shelby Norris appeals the summary denial of his third amended postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the third amended motion as successive because Norris had failed to show why he had not included his new allegations in the previous postconviction motion. Because the previous motion was still pending in the trial court and because the third amended motion was filed within the two-year time limit under rule 3.850, we reverse and remand for the trial court to consider the third amended motion on its merits.

Norris…