Newman v. State

DAVIS, Judge.

Harry Glenn Newman, III, timely appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied Newman’s amended motion as successive because Newman voluntarily dismissed these claims with prejudice. Because the trial court failed to rule on Newman’s motion challenging the validity of his voluntary dismissal, we reverse.

Newman timely filed a pro se motion for postconviction relief raising four claims. The trial court appointed counsel, ordered a response by the State, and then set an evidentiary…