Garcia v. State

District Court of Appeal of Florida

Garcia v. State

893 So. 2d 713, 2005 Fla. App. LEXIS 2005, 2005 WL 415159

CourtDistrict Court of Appeal of Florida

DecidedFebruary 23, 2005

DocketNo. 2D04-4174

StatusPublished

Cited by1 cases

This text of 893 So. 2d 713 (Garcia v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garcia v. State, 893 So. 2d 713, 2005 Fla. App. LEXIS 2005, 2005 WL 415159 (Fla. Ct. App. 2005).

Pincite

Opinion

DAVIS, Judge.

Saul Garcia challenges the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Garcia, enjoying the benefits of the mailbox rule¹, technically filed his motion for voluntary dismissal before the trial court ruled on his rule 3.800(a) motion. Thus, the trial court should have set aside its order denying [714]*714Garcia’s rule 3.800(a) motion, as it was prematurely rendered, and granted Garcia’s motion to dismiss. See Long v. State, 861 So.2d 531 (Fla. 1st DCA 2003).

Accordingly, we reverse the trial court’s order denying Garcia’s rule 3.800(a) motion and remand with directions to grant Garcia’s motion for voluntary dismissal.

Reversed and remanded.

NORTHCUTT and STRINGER, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

DAVIS, Judge.

Saul Garcia challenges the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Garcia, enjoying the benefits of the mailbox rule¹, technically filed his motion for voluntary dismissal before the trial court ruled on his rule 3.800(a) motion. Thus, the trial court should have set aside its order denying [714]*714Garcia’s rule 3.800(a) motion, as it was prematurely rendered, and granted Garcia’s motion to dismiss. See Long v. State, 861 So.2d 531 (Fla. 1st DCA 2003).

Accordingly, we reverse the trial court’s order denying Garcia’s rule 3.800(a) motion and remand with directions to grant Garcia’s motion for voluntary dismissal.

Reversed and remanded.

NORTHCUTT and STRINGER, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

893 So. 2d 713, 2005 Fla. App. LEXIS 2005, 2005 WL 415159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-state-fladistctapp-2005.

Opinion

Related

Cite This Page — Counsel Stack