KENNETH CARLE, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Negron v. Hessing, 186 So. 3d 1139 (Fla. 4th DCA 2016)
  …a. Raceway, Inc., 316 So. 2d 311, 312 (Fla. 1st DCA 1975) (holding that appellants were not authorized to file a successive written motion for new trial after the trial court orally denied their ore tenus motion for same); see also Hampton v. State, 949 So. 2d 1197, 1199 n. 1 (Fla. 4th DCA 2007) (noting that the general rule that-an order does not become effective until it is signed and filed “does not apply when the parties are present to hear the order”). Accordingly, once the trial, judge orally ruled on Pl…
• Hardy v. State, 958 So. 2d 577 (Fla. 4th DCA 2007)
  …tion to Dismiss or Withdraw 3.850” prior to ruling on the merits of the motion for postconviction relief. We agree, and the State has properly conceded error. Pursuant to Washington v. State, 937 So. 2d 271 (Fla. 4th DCA 2006), and Hampton v. State, 949 So. 2d 1197 (Fla. 4th DCA 2007), the lower court should have allowed Hardy to withdraw his rule 3.850 motion prior to a ruling on the merits, thus preserving his right to re-file the motion at a later date within the two-year period of limitations. Fla. R.Crim.…
• Smith v. State, 31 So. 3d 264 (Fla. 4th DCA 2010)
  …ended that the trial court dismiss defendant’s pending motions without prejudice. Nevertheless, the trial court instead denied the rule 3.850 motion. Although the trial court should have allowed defendant to withdraw his petition, Hampton v. State, 949 So. 2d 1197, 1199 (Fla. 4th DCA 2007) (“Unless there is prejudice to the state, a rule 3.850 movant is entitled to withdraw his motion before it is ruled on.”), and the proper disposition on considering the petition should have been [*265] to dismiss it, see Jo…