Mallory v. State

577 So.2d 987 (1991)

Dale MALLORY, Appellant,

v.

STATE of Florida, Appellee.

No. 91-0055.

District Court of Appeal of Florida, Fourth District.

April 3, 1991.

Dale M. Mallory, Miami, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.

Dale M. Mallory seeks review of the trial court's denial, without a hearing, of his motion for post-conviction relief. We reverse for two reasons.

First, the trial court erred in ruling that Mallory's 3.850 motion was premature. Fla.R.Crim.P. 3.850 states that "[a] prisoner in custody under sentence…