WILLIE L. HINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the order denying Willie Hines’ petition for writ of habeas corpus. The trial court found that it lacked jurisdiction over the petition because the appeal from an earlier order denying his motion to correct sentence was pending in this court. That conclusion was incorrect because an appeal of a post-conviction relief matter does not deprive the trial court of jurisdiction where, as here, the issues raised in the two cases are unrelated. Bates v. State, 704 So. 2d 562 (Fla. 1st DCA 1997); Kimmel v. State, 629 So. 2d 1110 (Fla. 1st DCA 1994).
Affirmance is required on other grounds. Three of the four issues raised in the petition either should have been argued on direct appeal, or were raised and resolved in earlier postconvietion proceedings. On the fourth issue, the appellant failed to demonstrate that his newly discovered evidence might have affected the verdict. Jones v. State, 709 So. 2d 512 (Fla.), cert. denied, — U.S. -, 118 S.Ct. 1350, 140 L.Ed.2d 499 (1998).
GLICKSTEIN, POLEN and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Thurston v. State, 920 So. 2d 1229 (Fla. 4th DCA 2006)…viously stricken a similar 3.800(a) motion that had raised this precise ground because the court lacked jurisdiction as Thurston had raised the very same issue in another 3.850 motion that was on appeal in this court at the time. See Hines v. State, 714 So. 2d 605, 606 (Fla. 4th DCA), rev. dism., 727 So. 2d 906 (1998). This court affirmed the denial of that untimely and successive 3.850 motion. Thurston v. State, 902 So. 2d 813 (Fla. 4th DCA 2005). This appeal is at least the third time Thurston has appealed…
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Smith v. State, 858 So. 2d 386 (Fla. 3d DCA 2003)…an earlier filed Rule 3.850 motion did not deprive the court below of jurisdiction to consider the instant 3.800 motion which raised unrelated grounds. See Fla.R.Crim. P. 3.800; McFarland v. State, 808 So. 2d 274 (Fla. 1st DCA 2002); Hines v. State, 714 So. 2d 605, 606 (Fla. 4th DCA 1998); Montague v. State, 710 So. 2d 228, 229 (Fla. 2d DCA 1998); Bates v. State, 704 So. 2d 562, 563 (Fla. 1st DCA 1997). Accordingly, the order striking Smith’s May 9, 2003 Rule 3.800 motion is reversed with this matter remand…
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Dugan v. State, 885 So. 2d 1002 (Fla. 4th DCA 2004)…ised several claims of ineffective assistance of trial counsel, but none of the claims raised any issues related to his sentence. The state concedes that the circuit court erred in dismissing the motion. As this court observed in Hines v. State, 714 So. 2d 605, 606 (Fla. 4th DCA), rev. dismissed, 727 So. 2d 906 (1998), “an appeal of a post-conviction relief matter does not deprive the trial court of jurisdiction where, as here, the issues raised in the two cases are unrelated.” See also Smith v. State, 85…
Authorities Cited
- Jones v. State, 709 So. 2d 512 (Fla. 1998)
- Bates v. State, 704 So. 2d 562 (Fla. 1st DCA 1997)
- Kimmel v. State, 629 So. 2d 1110 (Fla. 1st DCA 1994)
- Caterpillar Inc. v. Int'l Union, 523 U.S. 1015 (U.S. 1998)