Taylor v. State

902 So. 2d 979, 2005 Fla. App. LEXIS 9082, 2005 WL 1336880
Procedural entryThis page is a short order in Taylor v. State. Read the opinion of the Court — 821 So. 2d 404
District Court of Appeal of Florida·Decided June 8, 2005·No. No. 4D05-1107·Published

Opinion

PER CURIAM.

The trial court erred in denying appellant’s post-conviction motion as successive. Fla. R.Crim. P. 3.850(f). We reverse and remand for further proceedings.

Appellant voluntarily dismissed his first post-conviction motion before the trial court ruled on the merits. Accordingly, the subsequently filed motion was not successive. Watson v. State, 754 So.2d 129 (Fla. 2d DCA 2000); Bryant v. State, 737 So.2d 599 (Fla. 4th DCA 1999).

FARMER, C.J., POLEN and SHAHOOD, JJ., concur.

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Taylor v. State, 902 So. 2d 979, 2005 Fla. App. LEXIS 9082, 2005 WL 1336880 (Fla. Ct. App. 2005).

902 So. 2d 979 (Taylor v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Bryant v. State
737 So. 2d 599 (District Court of Appeal of Florida, 1999)
Watson v. State
754 So. 2d 129 (District Court of Appeal of Florida, 2000)