Brown v. State
Florida District Courts of Appeal
Brown v. State, 919 So. 2d 673 (2006)
2006 Fla. App. LEXIS 1015; 2006 WL 212028
Hawkes, Nortwick, Thomas
Brown v. State
Opinion of the Court
The appellant challenges the summary denial of his rule 3.850 motion. Because the appellant timely filed a motion to dismiss pursuant to the mailbox rule before the trial court ruled on the appellant’s rule 3.850 motion, we reverse and remand with directions to grant the appellant’s motion for voluntary dismissal without prejudice to file a new postconviction motion within 30 days of the date of its order. See Hansen v. State, 816 So.2d 808 (Fla. 1st DCA 2002).
REVERSED AND REMANDED.
Reference
- Full Case Name
- Rodney BROWN v. STATE of Florida
- Cited By
- 1 case
- Status
- Published