BEN ARTHUR SMITH, A/K/A KENNETH SMITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
BEN ARTHUR SMITH, A/K/A KENNETH SMITH, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
858 So. 2d 386
Florida District Court of Appeal, Third District (2003)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Ben Arthur Smith appeals from an order striking his Rule 3.800 motion for lack of jurisdiction. We reverse.
As the State properly concedes, the pendency of Smith’s appeal from denial of 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 remanded for consideration of that motion on the merits.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)…hird District hold that a pending rule 3.850 appeal does not deprive the postconviction court of jurisdiction to consider a rule 3.800 motion raising unrelated grounds. See Espinosa v. State, 997 So. 2d 1168, 1169 (Fla. 3d DCA 2008); Smith v. State, 858 So. 2d 386, 386 (Fla. 3d DCA 2003). The Second District is not free from inconsistency either, as the Bates rule evolved without this court expressly receding from the Gobie rule. As a result, outdated holdings may still appear to be good law, and trial court…
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Dugan v. State, 885 So. 2d 1002 (Fla. 4th DCA 2004)…05, 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, 858 So. 2d 386 (Fla. 3d DCA 2003) (a pending appeal of a 3.850 motion did not deprive the trial court of jurisdiction to consider a 3.800 motion raising unrelated grounds); Bates v. State, 704 So. 2d 562 (Fla. 1st DCA 1997) (holding the trial court did not lose ju…
Authorities Cited
- Bates v. State, 704 So. 2d 562 (Fla. 1st DCA 1997)
- McFARLAND v. State, 808 So. 2d 274 (Fla. 1st DCA 2002)
- Williams v. State, 710 So. 2d 228 (Fla. 2d DCA 1998)
- Jernigan v. State, 710 So. 2d 228 (Fla. 2d DCA 1998)
- Hines v. State, 714 So. 2d 605 (Fla. 4th DCA 1998)