MEINTZER v. State

Appellant challenges the summary denial of his rule 3.850 motion for postconviction relief. Because the trial court erroneously determined that the motion was successive and denied it without considering its merits, we reverse.

Appellant filed a rule 3.850 motion on January 21, 2005, which was denied by order dated June 15, 2006. Due to an intervening appeal, however, we vacated the order, concluding that the trial court lacked jurisdiction. Meintzer v. State, 943 So.2d 966 (Fla. 5th DCA 2006). Thereafter, on August 12, 2008, Appellant filed a second rule 3.850 motion asserting additional…