Bresch v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DAVID J. BRESCH, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ________________________________ ) Case No. 2D05-5641 Opinion filed May 3, 2006. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Debra K. Behnke, Judge. NORTHCUTT, Judge. David J. Bresch appeals the postconviction court's denial of his pro se motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the denial of the motion and remand for the postconviction court to dismiss his motion as successive. See Fla. R. Crim. P. 3.850(f); Zeigler v. State, 632 So. 2d 48, 51 (Fla. 1993). WALLACE and LaROSE, JJ., Concur.

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