WILLIE JAMES DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellant challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant filed a motion for a voluntary dismissal prior to the postconviction court denying his post-conviction motion 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, WEBSTER, and THOMAS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Daniels v. State, 66 So. 3d 328 (Fla. 1st DCA 2011)…This reasoning is consistent with how we have treated motions to dismiss postconviction claims following Spera. Since then, the only case from this District dealing with a motion to voluntarily dismiss a postconviction claim has been Davis v. State, 28 So. 3d 168 (Fla. 1st DCA 2010). Davis does not indicate whether the defendant was given an opportunity to amend under Spera. It states only that the defendant filed a motion for voluntary dismissal prior to the denial of his postconviction motion on the merits…
Authorities Cited
- Mosley v. State, 921 So. 2d 780 (Fla. 1st DCA 2006)
- Hutchinson v. State, 921 So. 2d 780 (Fla. 1st DCA 2006)