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Florida District Courts of Appeal, 2006

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided January 30, 2006 · Hawkes, Nortwick, Thomas
919 So. 2d 673; 2006 Fla. App. LEXIS 1015; 2006 WL 212028 (Southern Reporter, Second Series)

Brown v. State

Opinion of the Court

PER CURIAM.

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.

VAN NORTWICK, HAWKES, and THOMAS, JJ., concur.

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