STERLING FRANKLYN STUBBS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Howard v. State, 743 So. 2d 608 (Fla. 4th DCA 1999)
  …n relief and remand to the trial court with directions to grant appellant’s motion for voluntary dismissal, without prejudice, which was filed one month prior to the entry of the order denying post-conviction relief. See, e.g., Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996). DELL, FARMER and GROSS, JJ., concur.…
• Daniels v. State, 66 So. 3d 328 (Fla. 1st DCA 2011)
  …missal would not cause prejudice to the State. See Hutchinson v. State, 921 So. 2d 780, 781 (Fla. 1st DCA 2006); Hansen v. State, 816 So. 2d 808, 809 (Fla. 1st DCA 2002); see also Clark v. State, 491 So. 2d 545, 546 (Fla.1986); Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996); Washington v. State, 937 So. 2d 271, 272 (Fla. 4th DCA 2006). However, the process for evaluating postconviction motions changed with Spera. Spera held that when a trial court summarily denies a defendant’s motion for postconvic…
• Washington v. State, 937 So. 2d 271 (Fla. 4th DCA 2006)
  …thdraw prior to ruling on the merits of the postconviction motion. Washington was entitled to withdraw his rule 3.850 motion up to and until the lower court ruled on the merits, so long as the state did not show prejudice. See Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996) (citing Simon v. State, 768 So. 2d 1089 (Fla. 3d DCA 1995)). The state has failed to show how it would be prejudiced by the voluntary dismissal of the rule 3.850 motion. Instead, the state incorrectly contends Washington is not en…

Authorities Cited

• Wilson v. State, 531 So. 2d 1012 (Fla. 2d DCA 1988)