MICHAEL A. LEA-SCANDRETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL A. LEA-SCANDRETT, APPELLANT,
STATE OF FLORIDA, APPELLEE
804 So. 2d 531
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court denied on its merits the appellant’s Rule 3.800(a) motion, which was filed while an appeal of the appellant’s previous Rule 3.800(a) motion was pending in this Court. The trial court should have dismissed the motion for lack of jurisdiction. See Williams v. State, 795 So. 2d 975 (Fla. 1st DCA 2001). Accordingly, we vacate the order denying the motion and remand for the trial court to dismiss the motion.
VACATED AND REMANDED.
BOOTH, BARFIELD and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 20 So. 3d 1024 (Fla. 4th DCA 2009)…tion due to the pen-dency of the appeal from the first order. Ordinarily, a trial court has no jurisdiction to consider a rule 3.800(a) motion while the appeal from the denial of a prior rule 3.800(a) motion is pending. E.g., Lea-Scandrett v. State, 804 So. 2d 531, 531 (Fla. 1st DCA 2002) (vacating order denying newer motion and remanding for the trial court to dismiss that motion). A more precise statement of the principle is the following: [A] trial court does not have jurisdiction to consider the merits o…
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Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)…DCA 2008); Charles v. State, 950 So. 2d 486 (Fla. 4th DCA 2007); Gunn v. State, 852 So. 2d 909 (Fla. 4th DCA 2003); Cross v. State, 834 So. 2d 961 (Fla. 4th DCA 2003); Washington v. State, 823 So. 2d 248 (Fla. 4th DCA 2002); Lea-Scandrett v. State, 804 So. 2d 531 (Fla. 1st DCA 2002); Williams v. State, 795 So. 2d 975 (Fla. 1st DCA 2001); Kilgore v. State, 793 So. 2d 1170 (Fla. 1st DCA 2001); Casseus v. State, 509 So. 2d 965 (Fla. 3d DCA 1987).…
Authorities Cited
- Clark v. State, 795 So. 2d 975 (Fla. 1st DCA 2001)