902 So. 2d 979

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

No. 4D05-1107.

District Court of Appeal of Florida, Fourth District.

June 8, 2005.

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

No appearance required for appellee.

PER CURIAM.

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.

Taylor v. State
902 So. 2d 979

Case Details

Name
Taylor v. State
Decision Date
Jun 8, 2005
Citations

902 So. 2d 979

Jurisdiction
Florida

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