Small v. State

Full title: CURTIS SMALL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 30, 2004

875 So. 2d 1276 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D03-5011.

Opinion filed June 30, 2004.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Michael L. Gates, Judge, L.T. Case No. 00-14931 CF10A.

Curtis Small, South Bay, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse the trial court's order denying post-conviction relief and remand to the trial court with directions to grant appellant's motion or notice for voluntary dismissal, 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.