DIETER RIECHMANN
v.
STATE OF FLORIDA
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Dieter Riechmann appealed two postconviction court orders denying his habeas corpus petition and denying his motion to withdraw that petition. The appellate court affirmed the denial of the habeas petition and denied certiorari review of the denial of the withdrawal motion, finding that because the habeas petition was already ruled upon before the withdrawal motion was filed, the trial court properly denied withdrawal.
The court affirmed the denial of the habeas corpus petition and denied certiorari review of the denial of the withdrawal motion. The court held that because the postconviction court had already ruled on the habeas petition before Riechmann filed his withdrawal motion, the trial court did not depart from the essential requirements of the law in denying the withdrawal.
[1] An order denying a motion to voluntarily withdraw a postconviction petition is not an appealable order if it does not fall within the schedule of appealable orders provid…
[2] An appeal of a non-appealable order may be treated as a petition for writ of certiorari.
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Establishes the general rule regarding withdrawal of postconviction motions, but subject to the exception when the motion has already been ruled upon.
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Join FLexlaw to unlock all legal intelligenceRiechmann filed a petition for writ of habeas corpus on May 22, 2024. The postconviction court issued an order denying the petition on September 25, 2…
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Third District Court of Appeal State of Florida
Opinion filed October 8, 2025. Not final until disposition of timely filed motion for rehearing.
Nos. 3D25-0018 & 3D25-0102 Lower Tribunal No. F87-42355
Dieter Riechmann, Appellant,
vs.
State of Florida, Appellee.
Appeals from the Circuit Court for Miami-Dade County, David Young, Judge.
Dieter Riechmann, in proper person.
James Uthmeier, Attorney General, and Linda Katz, Assistant Attorney General, for appellee.
Before SCALES, C.J., and LINDSEY and GOODEN, JJ.
PER CURIAM.
In appellate case number 3D25-0018, Dieter Riechmann seeks appellate review of the postconviction court's September 25, 2024 order ("Order") denying Riechmann's May 22, 2024 petition for writ of habeas corpus, and the postconviction court's December 3, 2024 order denying Riechmann's timely motions for rehearing directed towards the Order. See Fla. R. App. P. 9.140(b)(1)(D); Fla. R. App P. 9.141(b). We affirm the challenged orders in all respects and write only to commend the postconviction court on its well-written, detailed Order. In appellate case number 3D25-0102, Riechmann seeks appellate review of the postconviction court's December 3, 2024 order denying Riechmann's October 18, 2024 motion to voluntarily withdraw his habeas corpus petition. The December 3, 2024 order is not an appealable order because it does not fall within Florida Rule of Appellate Procedure 9.140(b)(1)(A)-(G)'s schedule of appealable orders.¹ Nevertheless, we treat the appeal of this order as a petition for writ of certiorari, see Hampton v. State, 949 So. 2d 1197, 1198 (Fla. 4th DCA 2007), and deny the petition. Barring prejudice to the State, a defendant is generally entitled to withdraw
a postconviction motion before it is ruled on. Id. at 1199. Here, though, the postconviction court rendered the Order denying Riechmann's habeas corpus petition prior to Riechmann filing his withdrawal motion. Under the circumstances, the trial court did not depart from the essential requirements of the law in denying Riechmann's withdrawal motion.
Order affirmed in case number 3D25-0018; appeal treated as a petition for writ of certiorari, and certiorari denied, in case number 3D25-0102.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Carle v. State, 949 So. 2d 1197 (Fla. 1st DCA 2007)
- Irizarry v. State, 390 So. 3d 201 (Fla. 3d DCA 2024)