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CARVALLERIA v. STATE

No. 95-1299.

675 So.2d 251 (1996)

Carlos CARVALLERIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 19, 1996.

Attorney(s) appearing for the Case

Carlos Carvalleria, in pro. per.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, GODERICH, and GREEN, JJ.

PER CURIAM.

Carlos Carvalleria appeals from an order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse on the authority of Simon v. State, 20 Fla. L. Weekly D616, ___ So.2d ___ [1995 WL 92100] (Fla. 3d DCA Mar. 8, 1995). As did the defendant in Simon, Carvalleria filed in the trial court a timely motion for voluntary dismissal of his Rule 3.850 motion so that he could file a corrected...

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