JOHNSON v. STATE, 969 So.2d 1156 (Fla.App. 4 Dist. 2007)

Marvin JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 4D07-1962.District Court of Appeal of Florida, Fourth District.
November 21, 2007.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth

Page 1157

Judicial Circuit, Palm Beach County; William J. Berger, Judge; L.T. Case No. 90-16737CFB02.

Marvin Johnson, Malone, pro se.

Bill McCollum, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

This case is reversed and remanded for further review of appellant’s June 26, 2006, rule 3.800(a) motion. As the state recognizes, that motion was not successive to the motion that was disposed of by the trial court’s order of March 2006.

GUNTHER, GROSS and HAZOURI, JJ., concur.