Garcia v. State

Florida District Courts of Appeal
Garcia v. State, 893 So. 2d 713 (2005)
2005 Fla. App. LEXIS 2005; 2005 WL 415159
Davis, Northcutt, Stringer

Garcia v. State

Opinion of the Court

DAVIS, Judge.

Saul Garcia challenges the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Garcia, enjoying the benefits of the mailbox rule1, technically filed his motion for voluntary dismissal before the trial court ruled on his rule 3.800(a) motion. Thus, the trial court should have set aside its order denying *714Garcia’s rule 3.800(a) motion, as it was prematurely rendered, and granted Garcia’s motion to dismiss. See Long v. State, 861 So.2d 531 (Fla. 1st DCA 2003).

Accordingly, we reverse the trial court’s order denying Garcia’s rule 3.800(a) motion and remand with directions to grant Garcia’s motion for voluntary dismissal.

Reversed and remanded.

NORTHCUTT and STRINGER, JJ., Concur.

. See Fla. R.App. P. 9.420(a)(2); Bulley v. State, 857 So.2d 237 (Fla. 2d DCA 2003).

Reference

Full Case Name
Saul H. GARCIA v. STATE of Florida
Cited By
1 case
Status
Published