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Davis v. State

District Court of Appeal of Florida, First District
Feb 12, 2010
28 So. 3d 168 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D09-0787.

February 12, 2010.

An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge.

Willie James Davis, pro se, Appellant.

Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant filed a motion for a voluntary dismissal prior to the postconviction court denying his post-conviction motion on the merits. Because the motion for a voluntary dismissal was filed before the court ruled on his postconviction motion and there was no prejudice to the state, the appellant was entitled to withdraw his rule 3.850 motion. Hutchinson v. State, 921 So.2d 780, 781 (Fla. 1st DCA 2006). Accordingly, we reverse the denial of appellant's motion for postconviction relief, and remand in order for the postconviction court to grant the appellant's motion for voluntary dismissal.

REVERSED and REMANDED.

WOLF, WEBSTER, and THOMAS, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, First District
Feb 12, 2010
28 So. 3d 168 (Fla. Dist. Ct. App. 2010)
Case details for

Davis v. State

Case Details

Full title:Willie James DAVIS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Feb 12, 2010

Citations

28 So. 3d 168 (Fla. Dist. Ct. App. 2010)

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