ADRIAN MOSLEY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Daniels v. State, 66 So. 3d 328 (Fla. 1st DCA 2011)
  …urt was required to grant a defendant’s motion to dismiss a postconviction claim without prejudice, so long as it was filed before the court ruled on the underlying claim and dismissal 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…
• Hampton v. State, 949 So. 2d 1197 (Fla. 4th DCA 2007)
  …ea). Unless there is prejudice to the state, a rule 3.850 movant is entitled to withdraw his motion before it is ruled on. See Clark v. State, 491 So. 2d 545 (Fla. 1986); Washington v. State, 937 So. 2d 271 (Fla. 4th DCA 2006); Hutchinson v. State, 921 So. 2d 780 (Fla. 1st DCA 2006); Johnson v. State, 739 So. 2d 160 (Fla. 3d DCA 1999). We conclude that the trial court departed from the essential requirements of law when it did not allow Defendant to withdraw his motion in its entirety and to refile it. Beca…
• Davis v. State, 28 So. 3d 168 (Fla. 1st DCA 2010)
  …on on the merits. Because the motion for a voluntary dismissal was filed before the court ruled on his postcon-viction motion and there was no prejudice to the state, the appellant was entitled to withdraw his rule 8.850 motion. Hutchinson v. State, 921 So. 2d 780, 781 (Fla. 1st DCA 2006). Accordingly, we reverse the denial of appellant’s motion for postconviction relief, and remand in order for the postconviction court to grant the appellant’s motion for voluntary dismissal. REVERSED and REMANDED. WOLF,…