ANTHONY TAYLOR A/K/A KEVIN WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTHONY TAYLOR A/K/A KEVIN WHITE, APPELLANT,
STATE OF FLORIDA, APPELLEE
902 So. 2d 979
Florida District Court of Appeal, Fourth District (2005)
Opinion of the Court
PER CURIAM.
The trial court erred in denying appellant’s post-conviction motion as successive. Fla. R.Crim. P. 3.850(f). We reverse and remand for further proceedings.
Appellant voluntarily dismissed his first post-conviction motion before the trial court ruled on the merits. Accordingly, the subsequently filed motion was not successive. Watson v. State, 754 So. 2d 129 (Fla. 2d DCA 2000); Bryant v. State, 737 So. 2d 599 (Fla. 4th DCA 1999).
FARMER, C.J., POLEN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bryant v. State, 737 So. 2d 599 (Fla. 4th DCA 1999)
- Watson v. State, 754 So. 2d 129 (Fla. 2d DCA 2000)