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Taylor v. State

District Court of Appeal of Florida, Fourth District
Jun 8, 2005
902 So. 2d 979 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D05-1107.

June 8, 2005.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus Stanton S. Kaplan, Judges; L.T. Case No. 02-4993 CF10.

Anthony Taylor a/k/a Kevin White, Sanderson, pro se.

No appearance required for appellee.


The trial court erred in denying appellant's post-conviction motion as successive. Fla.R.Crim.P. 3.850(f). We reverse and remand for further proceedings.

Appellant voluntarily dismissed his first post-conviction motion before the trial court ruled on the merits. Accordingly, the subsequently filed motion was not successive. Watson v. State, 754 So.2d 129 (Fla. 2d DCA 2000); Bryant v. State, 737 So.2d 599 (Fla. 4th DCA 1999).

FARMER, C.J., POLEN and SHAHOOD, JJ., concur.


Summaries of

Taylor v. State

District Court of Appeal of Florida, Fourth District
Jun 8, 2005
902 So. 2d 979 (Fla. Dist. Ct. App. 2005)
Case details for

Taylor v. State

Case Details

Full title:Anthony TAYLOR a/k/a Kevin White, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 8, 2005

Citations

902 So. 2d 979 (Fla. Dist. Ct. App. 2005)