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Florida District Courts of Appeal, 2005

Taylor v. State

Taylor v. State
Florida District Courts of Appeal · Decided June 8, 2005 · Farmer, Polen, Shahood
902 So. 2d 979; 2005 Fla. App. LEXIS 9082; 2005 WL 1336880 (Southern Reporter, Second Series)

Taylor v. State

Opinion of the Court

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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