Ford v. State

Full title: JAMES FORD, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Mar 9, 2000

752 So. 2d 1255 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-2695.

Opinion filed March 9, 2000.

An appeal from the Circuit Court for Duval County, L. Haldane Taylor, Judge.

Appellant, pro se.

Robert Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We reverse the trial court's order denying post-conviction relief and remand to the trial court with directions to grant appellant's motion for voluntary dismissal without prejudice.See, e.g., Carvelleria v. State, 675 So.2d 251 (Fla. 3d DCA 1996). We express no opinion about whether appellant's motion, pursuant to Florida Rule of Criminal Procedure 3.850, was timely filed. Neither do we require the trial court to provide appellant with "instructions" upon dismissal of the motion.

WOLF, KAHN and LAWRENCE, JJ., concur.