Having considered the order entered by the trial court, the record, and arguments by the parties, we determine that a new postconviction proceeding is warranted in this case. Accordingly, we hereby remand to the trial court for a new proceeding on Mr. Dennis' postconviction motion filed under Florida Rule of Criminal Procedure 3.851. Additionally, we hereby dismiss the petition for a writ of habeas corpus without prejudice.
QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, CANADY, and POLSTON, JJ., concur.