JAMES L. MURPHY, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES L. MURPHY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D09-4572 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed December 31, 2009. An appeal from the Circuit Court for Taylor County. James Roy Bean, Judge. James L. Murphy, pro se, Appellant. Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant challenges the denial of his motion brought pursuant to Florida Rule of Criminal Procedure 3.850. It is apparent that the appellant s prior rule 3.850 motion only addressed the appellant s convictions resulting from his plea agreement and the appellant s instant rule 3.850 motion only addresses his convictions following his jury trial. Because there were separate judgments and sentences entered in the appellant s case, the instant motion does not appear to be successive. Accordingly, we reverse and remand to the lower court to address the appellant s claims on the merits. REVERSED. WEBSTER, PADOVANO, and ROWE, JJ., CONCUR. 2

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