Legal Opinion

Andre I. Dunbar v. State

District Court of Appeal of Florida

Decided May 12, 2017No. Case 5D16-4018Published

1Per curiam

Andre Dunbar appeals the summary denial of his timely filed motion for postcon-viction relief. See Fla. R. Crim. P. 3.850. Because the trial court denied Dunbar’s motion after erroneously concluding that it had been stricken and that Dunbar had failed to amend it, we reverse and remand for the trial court to properly consider the motion on its merits.

Dunbar was convicted of robbery with a firearm, .two counts of aggravated assault with a firearm, and grand theft. On June 22, 2014, he filed a timely postconviction motion alleging eight grounds for relief. Dunbar filed a motion for leave to…

2Cases cited3 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Koszegi v. StateDistrict Court of Appeal of Florida · 2008
  3. Lozano v. StateDistrict Court of Appeal of Florida · 2016

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