Gore v. State

ALTENBERND, Judge.

Gene Lenox Gore appeals an order denying his motion for postconviction relief that was filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court dismissed this motion as successive. We reverse because the motion contains new and different grounds and addresses the performance of Mr. Gore’s attorney at a 2006 hearing on a violation of probation, whereas the first motion addressed the performance of a different attorney at Mr. Gore’s 2005 plea hearing. Nothing suggests that this second motion is an abuse of the procedure governing this rule. See Fla. R. Crim.…