State v. Overton

970 So.2d 359 (2007)

The STATE of Florida, Appellant,

v.

Thomas M. OVERTON, Appellee.

No. 3D07-85.

District Court of Appeal of Florida, Third District.

October 3, 2007.

Rehearing Denied November 21, 2007.

Bill McCollum, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellant.

Thomas M. Overton, in proper person.

Before GERSTEN, C.J., and COPE and SUAREZ, JJ.

SUAREZ, J.

The State appeals from a final order of the Sixteenth Judicial Circuit vacating a prior order dismissing Thomas M. Overton's motion for post-conviction relief filed in that circuit. We affirm.

In October of 1996,…