Washington v. State

Victor Washington appeals the summary denial of his rule 3.850 motion for postcon-viction relief. We reverse that ruling as the lower court should not have reached the merits of the motion. We remand with instructions to grant Washington’s motion to withdraw.

Washington filed his rule 3.850 motion on October 26, 2005 and the lower court ordered a state response on November 21, 2005. On April 4, 2006, prior to-the state filing a response, Washington attempted to withdraw his rule 3.850 motion. Washington believed his postconviction motion was premature because he wanted to pursue a belated…