McCray v. State

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DONYEAL McCRAE a/k/a DONYEAL McCRAY, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2D01-1659 Opinion filed October 31, 2001. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Brandt C. Downey, III, Judge. CASANUEVA, Judge. Donyeal McCrae timely appeals the order dismissing his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court dismissed McCrae's motion because it believed an appeal of a prior postconviction motion was pending with this court. However, McCrae's appeal was voluntarily dismissed several months prior to his filing this new motion for postconviction relief. Therefore, this court reverses the trial court's order dismissing McCrae's motion and remands the case to the trial court for further proceedings. Reversed and remanded. PARKER, A.C.J., and WHATLEY, J., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.