District Court of Appeal of Florida March 2, 2011, No. 3D10-2731 (Nelson v. State)

RAMIREZ, C.J.

James B. Nelson appeals the summary denial of his Motion for Post-Conviction Relief pursuant to rule 3.853, Florida Rules of Criminal Procedure. The motion was denied as successive. However, because a review of the record reveals that his prior motion for relief pursuant to rule 3.853 was denied as facially insufficient, we reverse.