CHARLES B. JERNIGAN, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Clark v. State, 720 So. 2d 1097 (Fla. 2d DCA 1998)
  …50 motion without passing judgment on any of the issues this court would need to consider when reviewing Clark’s sexual predator designation on appeal. Since the issues involved are different, the trial court has jurisdiction. Cf. Montague v. State, 710 So. 2d 228 (Fla. 2d DCA 1998) (citing Bates v. State, 704 So. 2d 562 (Fla. 1st DCA 1997), for the proposition that the appeal of a postconviction motion will not deprive the trial court of jurisdiction over a subsequent postconviction motion unless the issues…
• Jones v. State, 787 So. 2d 35 (Fla. 2d DCA 2001)
  …production of transcripts. An appeal of a postconviction relief matter will not deprive trial courts of jurisdiction so long as the issues raised in the two cases are unrelated. See Ali v. State, 732 So. 2d 481 (Fla. 2d DCA 1999); Montague v. State, 710 So. 2d 228 (Fla. 2d DCA 1998); see also Keel v. State, 740 So. 2d 4 (Fla. 1st DCA 1999). Jones’s attempts to secure transcripts were sufficiently unrelated to the multi-pronged postconviction attack on his judgment and sentence that the trial court should ha…
• Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)
  …similar holdings.4 This court expressly followed Bates in 1998, concluding that the trial court had jurisdiction to consider a rule 3.800 motion while a rule 3.850 motion was pending on appeal because the issues were dissimilar.5 Montague v. State, 710 So. 2d 228, 229 (Fla. 2d DCA 1998). Our adherence to the rule in Bates was expanded and cemented in two subsequent cases, which held that concurrent jurisdiction exists when the second postconviction motion raises new issues unrelated to those raised in the fi…

Authorities Cited

• Newsome v. State, 704 So. 2d 213 (Fla. 2d DCA 1998)