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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. See, e.g., Carvalleria v. State, 675 So.2d 251 (Fla. 3d DCA 1996). We express no opinion about whether appellant’s motion, pursuant to Florida Rule of Criminal Procedure 8.850, was timely filed. Neither do we require the trial court to provide appellant with “instructions” upon dismissal of the motion.
WOLF, KAHN and LAWRENCE, JJ„ concur.
Document Info
Docket Number: No. 1D99-2695
Citation Numbers: 752 So. 2d 1255, 2000 Fla. App. LEXIS 2608, 2000 WL 256069
Judges: Kahn, Lawrence, Wolf
Filed Date: 3/9/2000
Precedential Status: Precedential
Modified Date: 10/18/2024