Legal Opinion

Daniels v. State

District Court of Appeal of Florida

Decided June 28, 2011No. 1D11-0969PublishedCited by 2 opinions

1Opinion of the CourtHawkes, J.

Craig B. Daniels appeals a circuit court order denying his third and fourth amended motions for posteonviction relief under Florida Rule of Criminal Procedure 3.850. The order also denied his motion to voluntarily dismiss the third amended postcon-viction motion without prejudice. Daniels argues the court erred in denying the third amended postconviction motion without first ruling upon the motion to dismiss. He claims the court was obligated to grant the motion to dismiss without prejudice, as he brought the motion before the trial court ruled on the underlying postconviction claims and the…

2Cases cited12 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Oquendo v. StateDistrict Court of Appeal of Florida · 2008
  3. Clark v. StateSupreme Court of Florida · 1986
  4. Watson v. StateDistrict Court of Appeal of Florida · 2008
  5. Nelson v. StateDistrict Court of Appeal of Florida · 2008

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3Cited by2 opinions

  1. Daniels v. StateSupreme Court of Florida · 2012
  2. McCray v. StateDistrict Court of Appeal of Florida · 2012

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