Burton v. State

PER CURIAM.

Richard Burton appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The order referenced a state’s response. No response had been ordered or filed. We accept the state’s concession and reverse the trial court’s order. We remand for the trial court to consider Burton’s motion in light of rule 3.850(d).

Reversed and remanded.

MAY, C.J., GROSS and DAMOORGIAN, JJ., concur. •