ADAMS v. STATE (2018)

District Court of Appeal of Florida, Third District.

Kenneth ADAMS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),

CASE NO.: 3D18-0858

Decided: July 10, 2018

Defendant appeals trial court's decision denying his motion to take a voluntary dismissal of his January 4, 2018 motion for postconviction relief under Fla. R. Crim. P. 3.850. The State concedes that it would be error for the trial court to fail to accept a defendant's motion to withdraw his 3.850 motion in the circumstances of this case. But the State also notes that the defendant has filed a subsequent 3.850 motion on March 5, 2018 which raises some of the claims previously made as well as new claims. The State notes that the trial court has not yet ruled on either of the pending motions. In this procedural posture, we find that the order denying the motion to take a voluntary dismissal of the January 4, 2018 motion is a non-final, non-appealable order. Appeal dismissed.

ROTHENBERG, C.J., and SALTER and LOGUE, JJ., concur.

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