RITCHY BIENAIME
v.
STATE
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The postconviction court's dismissal of Appellant's rule 3.850 motion is affirmed without prejudice for refiling upon issuance of the mandate in the pending direct appeal.
[1] A postconviction motion under rule 3.850 may be dismissed without prejudice to allow for resolution of a pending direct appeal before the same appellate court, preserving…
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Join FLexlaw to unlock all legal intelligenceRitchy Bienaime appealed the dismissal of his rule 3.850 postconviction motion filed in the Orange County Circuit Court. He had a previously filed dir…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RITCHY BIENAIME, Appellant, v. Case No. 5D17-3643 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 9, 2018 3.850 Appeal from the Circuit Court for Orange County, A. James Craner, Judge. Ritchy Bienaime, Orlando, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca R. McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. We affirm the postconviction court’s dismissal of Appellant’s rule 3.850 motion. We do so without prejudice for Appellant to file a motion for postconviction relief, if appropriate, upon issuance of the mandate in his previously filed direct appeal, case number 5D17-3164.
EVANDER, LAMBERT, and EDWARDS, JJ., concur.