Howard v. State

Full title: MICHAEL HOWARD, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Oct 13, 1999

743 So. 2d 608 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1160.

Opinion filed October 13, 1999.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ilona M. Holmes, Judge; L.T. No. 95-17578 CF10A.

Michael Howard, Bristol, pro se.

No appearance required 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, which was filed one month prior to the entry of the order denying post-conviction relief. See, e.g. , Carvalleria v. State, 675 So.2d 251 (Fla. 3d DCA 1996).

DELL, FARMER and GROSS, JJ., concur.