GONNIE GRINER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In Griner v. State, 662 So. 2d 758 (Fla. 4th DCA 1995), we reversed appellant’s convictions for attempted first degree murder, robbery with a deadly weapon and grand theft auto and remanded for a new trial. However, we affirmed his convictions for burglary with assault and robbery as those convictions arose from a separate trial which was not tainted by the erroneous admission of evidence.
The trial court denied appellant’s motion for postconviction relief on the ground that the convictions had been reversed. We reverse, since appellant’s convictions and sentences from the first trial were affirmed. On remand the trial court should consider the merits of the motion for post-conviction relief arising from the convictions we affirmed.
GUNTHER, C.J., and FARMER and KLEIN, JJ., concur.
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Gonnie Griner v. State, 705 So. 2d 650 (Fla. 4th DCA 1998)…r seeks mandamus relief from this court based on his unrefuted allegations that the trial court has failed to rule on the merits of his motion for post-conviction relief following reversal of its original order denying the motion in Griner v. State, 685 So. 2d 99 (Fla. 4th DCA 1997). The only argument raised by the state is that the trial court does not have jurisdiction because petitioner has a direct appeal pending from other charges which were severed from trial, but were charged in the same information a…
Authorities Cited
- Gonnie Griner v. State, 662 So. 2d 758 (Fla. 4th DCA 1995)