Haney v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 ELBERT D. HANEY, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-797 [July 30, 2008] PER CURIAM. Elbert D. Haney seeks review of an order denying his rule 3.850 motion for postconviction relief as successive. That determination was made based on this court s affirmance of Haney s previous motion to withdraw plea. In reviewing that case we note that any reference by this court to treatment of that appeal as involving a rule 3.850 motion was inadvertent. Haney had filed a motion to withdraw pursuant to Florida Rule of Criminal Procedure 3.170(l). The trial court denied the motion without reference to rule 3.850. A s a result, the rule 3.850 motion dated October 2005 is not a successive postconviction relief motion. Consequently, the case is remanded for further review of that motion. WARNER, POLEN and STEVENSON, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case Nos. 03-6560 CF10A, 03-7203 CF10A, 03-8440 CF10A, 03-8442 CF10A, 03-9706 CF10A, 03-13110 CF10A & 03-17408 CF10A. Elbert D. Haney, Florida City, pro se. Bill McCollum, Attorney General, Tallahassee, a n d Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. -2-
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