BIENAIME
v.
STATE
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A trial court may dismiss a rule 3.850 postconviction motion without prejudice, permitting the appellant to refile after resolution of a pending direct appeal.
[1] A court may dismiss a rule 3.850 postconviction motion without prejudice to allow a defendant to refile after issuance of the mandate in a pending direct appeal.
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Join FLexlaw to unlock all legal intelligenceRitchy Bienaime filed a rule 3.850 motion for postconviction relief, which the trial court dismissed. Bienaime appealed this dismissal pro se, and he …
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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.