JOHN EDWARD ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN EDWARD ROSS, APPELLANT,
STATE OF FLORIDA, APPELLEE
598 So. 2d 149
Florida District Court of Appeal, Second District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
John Ross appeals the summary denial of his motion to withdraw his plea. At the time the lower court considered the motion, an appeal from the summary denial of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850 was pending. See Ross v. State, 598 So. 2d 148 (Fla. 2d DCA 1992). Because the trial court lacked jurisdiction to consider the motion, we affirm. See State v. Meneses, 392 So. 2d 905 (Fla.1981); Braxton v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990), cause dismissed, 577 So. 2d 1325 (Fla.1991).
PARKER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ruth v. State, 635 So. 2d 1061 (Fla. 2d DCA 1994)…prior-filed appeal from a motion for postconviction relief was pending in this court. The trial court correctly recognized it did not have jurisdiction to rule on the merits of the motions during the pen-dency of the prior appeal. See Ross v. State, 598 So. 2d 149 (Fla. 2d DCA 1992); Braxton v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990), cause dismissed, 577 So. 2d 1325 (Fla.1991). Accordingly, we affirm the trial court’s order without prejudice to the appellant’s refiling the motions for the trial court’s c…
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Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)…nsider a postconviction motion because “there was pending in this court an appeal from another motion in the same case.” In fact, most, if not all of our decisions from 1984 to the early 1990s followed the rule announced in Gobie. See Ross v. State, 598 So. 2d 149, 149 (Fla. 2d DCA 1992) (adopting the holding in Braxton); Rodriquez v. State, 592 So. 2d 1261, 1261 (Fla. 2d DCA 1992) (adopting the holding in Braxton, though noting that the two motions raised essentially the same allegations); Ruth, 635 So. 2d a…1 / 2
Authorities Cited
- State v. Meneses, 392 So. 2d 905 (Fla. 1981)
- Brown v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990)
- Ross v. State, 598 So. 2d 148 (Fla. 2d DCA 1992)