BOBBY NELSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Bobby Nelson appeals an order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We find that appellant filed a timely Notice of Voluntary Dismissal and that the trial court effectively denied his request by denying his rule 3.850 motion on the merits. Because Appellant was entitled to withdraw his rule 3.850 motion where there was no prejudice to the State, we reverse. See Ford v. State, 752 So. 2d 1255 (Fla. 1st DCA 2000); Johnson v. State, 739 So. 2d 160 (Fla. 3rd DCA 1999); Carvalleria v. State, 675 So. 2d 251 (Fla. 3rd DCA 1996).
Accordingly, we reverse the order denying postconviction relief and remand with directions to grant appellant’s motion for voluntary dismissal without prejudice.
BARFIELD, C.J., DAVIS and LEWIS, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hansen v. State, 816 So. 2d 808 (Fla. 1st DCA 2002)…l court ruled on Appellant’s rule 3.850 motion, we reverse. Where an appellant files a timely motion for voluntary dismissal of a rule 3.850 motion, and the state suffers no prejudice, the appellant’s motion should be granted. See Nelson v. State, 784 So. 2d 1266 (Fla. 1st DCA 2001). Such a motion should be granted without prejudice to the appellant’s right to file a subsequent motion. See Ford v. State, 752 So. 2d 1255 (Fla. 1st DCA 2000); Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996). A motion to…
Authorities Cited
- Sterling Franklyn Stubbs v. State, 675 So. 2d 251 (Fla. 3d DCA 1996)
- Johnson v. State, 739 So. 2d 160 (Fla. 3d DCA 1999)
- Ford v. State, 752 So. 2d 1255 (Fla. 1st DCA 2000)