District Court of Appeal of Florida September 17, 2010, 5D10-2027 (MEINTZER v. State)

PER CURIAM.

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.