ARLIE WALDRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges an order by which his motion to correct an illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a), was dismissed on grounds of lack of jurisdiction because his direct appeal was still pending. The motion was filed on April 17, 1997, and denied on May 7, 1997. Because the trial court did have jurisdiction, we reverse and remand.
Effective January 1, 1997, Florida Rule of Appellate Procedure 9.600(d), was amended. That rule now makes clear that the trial court has jurisdiction to consider a 3.800(a) motion while a direct appeal is pending. The rule also provides that if the trial court grants relief while such appeal is pending, the movant shall file in the appellate court, within ten days, a copy of the trial court’s order thereon. Accordingly, we reverse and remand for the trial court to appropriately consider appellant’s motion.1 See McClendon v. State, 679 So. 2d 1255 (Fla. 1st DCA 1996); Baldwin v. State, 679 So. 2d 1193 (Fla. 1st DCA 1996).
REVERSED and REMANDED for consistent proceedings.
WEBSTER, LAWRENCE and PADOVANO, JJ., concur. . We express no opinion about the merits of appellant’s motion.
Cases With Similar Vibessemantic neighbors from the corpus
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Johnson v. State, 697 So. 2d 1304 (Fla. 2d DCA 1997)…ct its own sentencing errors while the case is pending on appeal, and effectively give the defendant the opportunity to preserve sentencing issues for appeal that were not preserved prior to the filing of the notice of appeal.1 See Waldron v. State, 696 So. 2d 1318 (Fla. 1st DCA 1997). Because Mr. Johnson’s sentence was rendered after January 1, we assume that these new rules apply to his case. Mr. Johnson’s motion does not specify whether it was filed pursuant to subsection (a) or (b). Under subsection (b),…
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Shon Glynn Mills v. State, 723 So. 2d 363 (Fla. 1st DCA 1998)…the absence of objection at the trial level). We see no basis for deeming the scoresheet error fundamental here. Under Florida Rule of Criminal Procedure 3.800(a), however, a “court may at any time correct” a scoresheet error. See Waldron v. State, 696 So. 2d 1318, 1318 (Fla. 1st DCA 1997) (holding “trial court has jurisdiction to consider a 3.800(a) motion while direct appeal is pending” since Florida Rule of Appellate Procedure 9.600(d) has been amended); McGowan v. State, 586 So. 2d 1311, 1314 (Fla. 5th DC…
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Washington v. State, 734 So. 2d 1085 (Fla. 1st DCA 1999)…A 1997). Rule 9.600(d) specifically states that a trial court retains jurisdiction to consider claims filed under Rule 3.800(a) even when a direct appeal is pending. See also Johnson v. State, 697 So. 2d 1304 (Fla. 2d DCA 1997) and Waldron v. State, 696 So. 2d 1318 (Fla. 1st DCA 1997). Accordingly, we reverse and remand to the trial court for proceedings consistent with this opinion. As in Waldron, we express no opinion on the merits of appellant’s motion. WOLF, KAHN, and PADOVANO, JJ., concur.…
Authorities Cited
- Interamerican CAR Rental, Inc. v. The Est. OF Jamaul McCLOUD, 679 So. 2d 1193 (Fla. 3d DCA 1996)
- Miller Baldwin, Jr. v. State, 679 So. 2d 1193 (Fla. 1st DCA 1996)
- McCLENDON v. State, 679 So. 2d 1255 (Fla. 1st DCA 1996)