Evans v. State , 2004 Fla. App. LEXIS 10828 ( 2004 )

PER CURIAM.

Richard Evans seeks review of the summary denial of his motion for postconviction relief filed pursuant to rule 3.850. The trial court erroneously denied this motion as successive, because it had previously treated a motion to modify sentence as a rule 3.850 motion. This motion, however, is in fact Evan’s first rule 3.850 motion. Reversed.

GUNTHER, KLEIN and GROSS, JJ., concur.