Gonzalez v. State

Full title: JORGE ESTEBAN GONZALEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 13, 1995

664 So. 2d 74 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-3347.

December 13, 1995.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Ellen L. Leesfield, Judge.

Jorge Esteban Gonzalez, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.

PER CURIAM.

The order below denying the defendant's motion for post-conviction relief is vacated because it appears that, before the ruling below, he filed a notice of voluntary dismissal of the petition without prejudice through the jail house "mailbox." See Haag v. State, 591 So.2d 614 (Fla. 1992).