MURPHY v. STATE

No. 4D01-2971.

801 So.2d 1010 (2001)

Brian MURPHY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 19, 2001.


Attorney(s) appearing for the Case

Brian Murphy, Madison, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We accept the State's concession that the case should be remanded to the trial court with directions to grant appellant's two motions for voluntary dismissal without prejudice, which were filed approximately one and two months, respectively, before the trial court denied appellant's motion for postconviction relief filed on April 25, 2001, and reverse the trial court's order summarily denying the motion for postconviction relief. See Dunn v. State,...

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