BIENAIME
v.
STATE

Fla. 5th DCA | 2018-02-09
No. Case No. 5D17–3643
Hawkins, Lee, Prather, Walker
236 So. 3d 505 Florida District Court of Appeal, Fifth District (2018)

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Holding

A trial court may dismiss a rule 3.850 postconviction motion without prejudice, permitting the appellant to refile after resolution of a pending direct appeal.


Headnotes

[1] A court may dismiss a rule 3.850 postconviction motion without prejudice to allow a defendant to refile after issuance of the mandate in a pending direct appeal.

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Facts & Procedural History

Ritchy Bienaime filed a rule 3.850 motion for postconviction relief, which the trial court dismissed. Bienaime appealed this dismissal pro se, and he …

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Opinion of the Court

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED RITCHY BIENAIME, Appellant, v. Case No. 5D17-3643 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 9, 2018 3.850 Appeal from the Circuit Court for Orange County, A. James Craner, Judge. Ritchy Bienaime, Orlando, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca R. McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. We affirm the postconviction court’s dismissal of Appellant’s rule 3.850 motion. We do so without prejudice for Appellant to file a motion for postconviction relief, if appropriate, upon issuance of the mandate in his previously filed direct appeal, case number 5D17-3164.

EVANDER, LAMBERT, and EDWARDS, JJ., concur.


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