Ford v. State

752 So. 2d 1255, 2000 Fla. App. LEXIS 2608, 2000 WL 256069
District Court of Appeal of Florida·Decided March 9, 2000·No. No. 1D99-2695·Published·Cited by 2 cases

Opinion

PER CURIAM.

We reverse the trial court’s order denying post-conviction relief and remand to the trial court with directions to grant appellant’s motion for voluntary dismissal without prejudice. See, e.g., Carvalleria v. State, 675 So.2d 251 (Fla. 3d DCA 1996). We express no opinion about whether appellant’s motion, pursuant to Florida Rule of Criminal Procedure 8.850, was timely filed. Neither do we require the trial court to provide appellant with “instructions” upon dismissal of the motion.

WOLF, KAHN and LAWRENCE, JJ„ concur.

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Ford v. State, 752 So. 2d 1255, 2000 Fla. App. LEXIS 2608, 2000 WL 256069 (Fla. Ct. App. 2000).

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