MALLORY v. STATE

No. 91-0055.

577 So.2d 987 (1991)

Dale MALLORY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 3, 1991.


Attorney(s) appearing for the Case

Dale M. Mallory, Miami, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Dale M. Mallory seeks review of the trial court's denial, without a hearing, of his motion for post-conviction relief. We reverse for two reasons.

First, the trial court erred in ruling that Mallory's 3.850 motion was premature. Fla.R.Crim.P. 3.850 states that "[a] prisoner in custody under sentence of a court established by the laws of Florida claiming the right to be released ... may move the court which entered the judgment or imposed...

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