05-0274 RIVAS V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d05-0274

Case Date: 07/20/2005

Plaintiff: 05-0274 RIVAS

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005
ALBERTO RIVAS,  **
Appellant,  **
vs.  **  CASE NO. 3D05-274

THE STATE OF FLORIDA, **
Appellee. ** LOWER
TRIBUNAL NO. 01-23850 ** 01-23851 01-23852
Opinion filed July 20, 2005.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Israel Reyes,
Judge.
Alberto Rivas, in proper person.
Charles J. Crist, Jr., Attorney General, and Valentina M.
Tejera, Assistant Attorney General, for appellee.
Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.
SHEPHERD, J.
Defendant appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion, which the trial court denied as successive. We reverse.
A review of the motions previously filed by defendant demonstrates that the June 4, 2004 Rule 3.850 motion under consideration was timely and not successive.1 Defendant filed several Rule 3.800 motions attacking his sentence, and filed a motion entitled

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