Opinion
Case No. 4D01-2971
Opinion filed December 19, 2001
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. Case No. 98-12047 CF10A.
Brian Murphy, Madison, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.
We accept the State's concession that the case should be remanded to the trial court with directions to grant appellant's two motions for voluntary dismissal without prejudice, which were filed approximately 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 STEVENSON, JJ., concur.