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HALL v. STATE

No. 3D07-2992.

997 So.2d 1183 (2008)

Derek Paul HALL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 17, 2008.

Attorney(s) appearing for the Case

Derek Paul Hall, in proper person.

Bill McCollum, Attorney General, and Lunar C. Alvey, Assistant Attorney General, for appellee.

Prior report: .

PER CURIAM.

Affirmed.

COPE, J. (concurring).

Derek Paul Hall filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, which the trial court denied as successive. The State's response here concedes that the trial court was in error in doing so. Defendant-appellant Hall had not previously filed a Rule 3.850 motion. The bar on successive motions applies to successive Rule 3.850 motions, see Fla. R.Crim. P. 3.850...

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