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902 So. 2d 979

Taylor v. State

District Court of Appeal of Florida · decided 2005-06-08

Relies on Bryant v. State · Watson v. State

Decided 2005-06-08

PER CURIAM.

¶1The trial court erred in denying appellant’s post-conviction motion as successive. Fla. R.Crim. P. 3.850(f). We reverse and remand for further proceedings.

¶2Appellant voluntarily dismissed his first post-conviction motion before the trial court ruled on the merits. Accordingly, the subsequently filed motion was not successive. Watson v. State, 754 So.2d 129 (Fla. 2d DCA 2000); Bryant v. State, 737 So.2d 599 (Fla. 4th DCA 1999).

FARMER, C.J., POLEN and SHAHOOD, JJ., concur.
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