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JOHNSON v. STATE

No. 99-1020.

739 So.2d 160 (1999)

Winston JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 11, 1999.

Attorney(s) appearing for the Case

Winston Johnson, in proper person.

Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for appellee.

Before GERSTEN, FLETCHER and SHEVIN, JJ.

PER CURIAM.

We treat defendant's petition for writ of prohibition as a notice of appeal from the order denying his Rule 3.850 motion. Defendant filed a timely voluntary dismissal motion. The court did not rule on the dismissal motion; instead, it denied the Rule 3.850 motion on the merits. As in Carvalleria v. State, 675 So.2d 251 (Fla. 3d DCA 1996), the trial court effectively denied defendant's motion for voluntary dismissal...

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