McCrae v. State

District Court of Appeal of Florida

McCrae v. State

800 So. 2d 299, 2001 Fla. App. LEXIS 15189, 2001 WL 1334361

CourtDistrict Court of Appeal of Florida

DecidedOctober 31, 2001

DocketNo. 2D01-1659

StatusPublished

This text of 800 So. 2d 299 (McCrae 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

McCrae v. State, 800 So. 2d 299, 2001 Fla. App. LEXIS 15189, 2001 WL 1334361 (Fla. Ct. App. 2001).

Pincite

Opinion

CASANUEVA, Judge.

Donyeal McCrae timely appeals the order dismissing his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court dismissed McCrae’s motion because it believed an appeal of a prior postconviction motion was pending with this court. However, McCrae’s appeal was voluntarily dismissed several months prior to his filing this new motion for postconviction relief. Therefore, this court reverses the trial court’s order dismissing McCrae’s motion [300]*300and remands the ease to the trial court for further proceedings.

Reversed and remanded.

PARKER, A.C.J., and WHATLEY, J., Concur.

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CASANUEVA, Judge.

Donyeal McCrae timely appeals the order dismissing his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court dismissed McCrae’s motion because it believed an appeal of a prior postconviction motion was pending with this court. However, McCrae’s appeal was voluntarily dismissed several months prior to his filing this new motion for postconviction relief. Therefore, this court reverses the trial court’s order dismissing McCrae’s motion [300]*300and remands the ease to the trial court for further proceedings.

Reversed and remanded.

PARKER, A.C.J., and WHATLEY, J., Concur.

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Bluebook (online)

800 So. 2d 299, 2001 Fla. App. LEXIS 15189, 2001 WL 1334361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccrae-v-state-fladistctapp-2001.