J.D. DUNN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-07-26
No. 4D00-1836
DELL, TAYLOR and HAZOURI, JJ., concur.
762 So. 2d 593 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We accept the state’s concession of error and reverse the trial court’s order denying appellant’s motion for post-conviction relief. We remand this cause to the trial court with directions to grant appellant’s motion for voluntary dismissal, without prejudice. See Howard v. State, 743 So. 2d 608 (Fla. 4th DCA 1999); Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996).

DELL, TAYLOR and HAZOURI, JJ., concur.


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  • Murphy v. State, 801 So. 2d 1010 (Fla. 4th DCA 2001)
    …tely one and two months, respectively, before the trial court denied appellant’s motion for postconviction relief filed on April 25, 2001, and reverse the trial court’s order summarily denying the motion for postconviction relief. See Dunn v. State, 762 So. 2d 593 (Fla. 4th DCA 2000); Howard v. State, 743 So. 2d 608 (Fla. 4th DCA 1999); Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996). On remand, the court should consider the amended motion which appellant has already filed. POLEN, C.J., KLEIN and ST…
  • Small v. State, 875 So. 2d 1276 (Fla. 4th DCA 2004)
    …l, without prejudice to his right to refile any such motion within thirty (30) days after issuance of this court’s mandate. See Hansen v. State, 816 So. 2d 808 (Fla. 1st DCA 2002); Murphy v. State, 801 So. 2d 1010 (Fla. 4th DCA 2001); Dunn v. State, 762 So. 2d 593 (Fla. 4th DCA 2000); Howard v. State, 743 So. 2d 608 (Fla. 4th DCA 1999). WARNER, POLEN and MAY, JJ., concur.…

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