Dunn v. State

Full title: J.D. DUNN, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 26, 2000

762 So. 2d 593 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D00-1836

Opinion filed July 26, 2000. JULY TERM 2000

Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Robert R. Makemson, Judge; L.T. Case No. 96-3562 CF.

J.D. Dunn, Bowling Green, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Lara J. Edelstein, Assistant Attorney General, Ft. Lauderdale, for appellee.

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.