Simon v. State

District Court of Appeal of Florida

Simon v. State

768 So. 2d 1089, 1995 Fla. App. LEXIS 2278, 1995 WL 92100

CourtDistrict Court of Appeal of Florida

DecidedMarch 8, 1995

DocketNo. 94-2020

StatusPublished

Cited by5 cases

This text of 768 So. 2d 1089 (Simon 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

Simon v. State, 768 So. 2d 1089, 1995 Fla. App. LEXIS 2278, 1995 WL 92100 (Fla. Ct. App. 1995).

Pincite

Opinion

[1090]*1090 Confession of Error

PER CURIAM.

Anthony Tyrone Simon appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We reverse.

Appellant filed a timely Rule 3.850 motion in the trial court. While it was pending, appellant filed a motion for voluntary dismissal so he could file a corrected motion, with the assistance of an inmate law clerk. The trial court denied the Rule 3.850 motion on the merits, which necessarily denied the motion for voluntary dismissal.

The State concedes that under Clark v. State, 491 So.2d 545 (Fla.1986), the appellant was entitled to withdraw his Rule 3.850 motion where, as here, there would be no prejudice to the State. Id. at 546. The order denying Rule 3.850 relief is reversed and the cause remanded with directions to grant the motion for voluntary dismissal, without prejudice. See id. at 547.

Reversed and remanded.

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