THOMAS CARR v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

THOMAS L. CARR, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D16-3959

Decided: June 02, 2017

Thomas L. Carr, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

Thomas L. Carr appeals the trial court's order summarily denying his rule 3.850 motion for postconviction relief as improperly successive. After considering the unusual facts and the unique procedural history of this case, we conclude that good cause existed to allow the successive filing. See Fla. R. Crim. P. 3.850(h)(2). Accordingly, we reverse the order of the trial court and remand for consideration on the merits.

REVERSED and REMANDED.

PER CURIAM.

SAWAYA, BERGER, and WALLIS, JJ., concur.

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