BOYD v. STATE

No. 4D08-1056.

993 So.2d 604 (2008)

Edwin E. BOYD, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 30, 2008.


Attorney(s) appearing for the Case

Edwin E. Boyd, Sr., Malone, pro se.

Bill McCollum, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant, Edwin Boyd, challenges the summary denial of his motion for voluntary dismissal without prejudice of his rule 3.850 motion and denial on the merits of his rule 3.850 motion. Because Appellant's motion to dismiss was filed pursuant to the mailbox rule on June 26, 2007, prior to the trial court's ruling on the underlying rule 3.850 motion on June 29, 2007, Appellant's motion to dismiss was timely. Although the state filed its response and the...

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