Hutchinson v. State, 921 So. 2d 780 (Fla. 1st DCA 2006). · Go Syfert
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Hutchinson v. State, 921 So. 2d 780 (Fla. 1st DCA 2006). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Davis v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
Hutchinson v. State, 921 So.2d 780, 781 (Fla. 1st DCA 2006).
cited Cited "see" McCray v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Hutchinson v. State, 921 So.2d 780, 781 (Fla. 1st DCA 2006); Hansen v. State, 816 So.2d 808, 809 (Fla. 1st DCA 2002).
cited Cited "see" Jackson v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Hutchinson v. State, 921 So.2d 780, 781 (Fla. 1st DCA 2006).
discussed Cited "see" Daniels v. State
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Hutchinson v. State, 921 So.2d 780, 781 (Fla. 1st DCA 2006); Hansen v. State, 816 So.2d 808, 809 (Fla. 1st DCA 2002); see also Clark v. State, 491 So.2d 545, 546 (Fla.1986); Carvalleria v. State, 675 So.2d 251 (Fla. 3d DCA 1996); Washington v. State, 937 So.2d 271, 272 (Fla. 4th DCA 2006).
discussed Cited "see, e.g." Dwayne Johnson v. State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see also · confidence medium
“A typical postconviction motion should not be dismissed with prejudice when the defendant volunteers to dismiss it unless there is prejudice to the State or some justification for resolving the motion on the merits.” McCray v. State, 104 So. 3d 1201, 1201 (Fla. 2d DCA 2012); see also Hutchinson v. State, 921 So. 2d 780, 781 (Fla. 1st DCA 2006).
Retrieving the full opinion text from the archive…
William C. HUTCHINSON, Appellant,
v.
STATE of Florida, Appellee.
1D05-3968.
District Court of Appeal of Florida, First District.
Feb 23, 2006.
921 So. 2d 780
Per Curiam.
Cited by 6 opinions  |  Published

Appellant, pro se.

Charlie Crist, Attorney General; Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee.

[*781] PER CURIAM.

Appellant challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant filed a timely motion for a voluntary dismissal so that he might refile a facially sufficient postconviction motion. Instead of ruling on the motion for a voluntary dismissal, however, the trial court denied the postconviction motion on the merits. Because appellant filed his motion for a voluntary dismissal before the trial court ruled on his postconviction motion and there was no prejudice to the state, appellant was entitled to withdraw his rule 3.850 motion. Hansen v. State, 816 So.2d 808, 809 (Fla. 1st DCA 2002); Carvalleria v. State, 675 So.2d 251 (Fla. 3d DCA 1996). Accordingly, we reverse the denial of appellant's motion for postconviction relief, and remand with directions to grant the motion for voluntary dismissal without prejudice.

REVERSED and REMANDED, with directions.

BARFIELD, WEBSTER and BENTON, JJ., concur.