IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
THOMAS L. CARR,
Appellant,
v. Case No. 5D16-3959
STATE OF FLORIDA,
Appellee.
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Opinion filed June 2, 2017
3.850 Appeal from the Circuit Court
for Brevard County,
Jeffrey Mahl, Judge.
Thomas L. Carr, Milton, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Lori N. Hagan, Assistant
Attorney General, Daytona Beach, for
Appellee.
PER CURIAM.
Thomas L. Carr appeals the trial court’s order summarily denying his rule 3.850
motion for postconviction relief as improperly successive. After considering the unusual
facts and the unique procedural history of this case, we conclude that good cause existed
to allow the successive filing. See Fla. R. Crim. P. 3.850(h)(2). Accordingly, we reverse
the order of the trial court and remand for consideration on the merits.
REVERSED and REMANDED.
SAWAYA, BERGER, and WALLIS, JJ., concur.