Armbruster v. State

District Court of Appeal of Florida

Decided June 9, 2006

District Court of Appeal of Florida · decided 2006-06-09

Cited by 22 later decisions — most recently September 2013

22 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2006-06-09

View the full empirical analysis of this case →

PER CURIAM.

¶1Bruce Armbruster (defendant) appeals the trial court’s order denying his rule 3.850 motion for postconviction relief.1 Commendably, the State concedes that the trial court erred by denying the defendant’s motion to amend (which was filed before a ruling on the motion was entered) and his motion for voluntary dismissal of his original rule 3.850 motion. Accordingly, we reverse the trial court’s order and remand with instructions to dismiss the defendant’s initial rule 3.850 motion, without prejudice to defendant filing a timely amended motion.

¶2REVERSED and REMANDED.

THOMPSON, SAWAYA and PALMER, JJ., concur.

¶3. See Fla. R.Crim. P. 3.850.