NELSON v. STATE

No. 1D01-151.

784 So.2d 1266 (2001)

Bobby NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 29, 2001.


Attorney(s) appearing for the Case

Bobby Nelson, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Bobby Nelson appeals an order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We find that appellant filed a timely Notice of Voluntary Dismissal and that the trial court effectively denied his request by denying his rule 3.850 motion on the merits. Because Appellant was entitled to withdraw his rule 3.850 motion where there was no prejudice to the State, we reverse. See Ford v. State,...

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