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HARDY v. STATE

No. 4D07-568.

958 So.2d 577 (2007)

Michael HARDY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 20, 2007.

Attorney(s) appearing for the Case

Michael Hardy, Jasper, pro se.

Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The appellant, Michael Hardy, appeals the summary denial of his motion for postconviction relief. On appeal, Hardy claims the lower court erred by failing to rule on his "Motion to Dismiss or Withdraw 3.850" prior to ruling on the merits of the motion for postconviction relief. We agree, and the State has properly conceded error. Pursuant to Washington v. State, 937 So.2d 271 (Fla. 4th DCA 2006), and Hampton...

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