ROBERT J. DUGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court erred in dismissing a Rule 3.850 ineffective assistance of counsel motion based on lack of jurisdiction where a pending Rule 3.800(a) appeal raised unrelated issues; trial court retains jurisdiction to consider unrelated post-conviction motions simultaneously.
A trial court does not lose jurisdiction to consider a Rule 3.850 motion merely because an appeal of an unrelated Rule 3.800(a) motion is pending in the appellate court.
[1] A trial court retains jurisdiction to consider a Rule 3.850 post-conviction motion raising unrelated issues while an appeal of a Rule 3.800(a) motion is pending in the ap…
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Join FLexlaw to unlock all legal intelligenceRobert Dugan filed a Rule 3.850 motion raising claims of ineffective assistance of trial counsel unrelated to sentencing while an appeal of a Rule 3.8…
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PER CURIAM.
Robert Dugan timely appeals the dismissal of his rule 3.850 motion. The circuit court dismissed the 3.850 motion for lack of jurisdiction because the appeal of a rule 3.800(a) motion was pending in this court. Dugan’s 3.850 motion raised 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, 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 jurisdiction to rule on a 3.850 motion while a 3.800 appeal raising an unrelated issue was pending in the district court).
Accordingly, the circuit court’s order is reversed and this case is remanded for the court to consider Dugan’s 3.850 motion on the merits.
REVERSED AND REMANDED.
KLEIN, GROSS and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bates v. State, 704 So. 2d 562 (Fla. 1st DCA 1997)
- Hines v. State, 714 So. 2d 605 (Fla. 4th DCA 1998)
- Smith v. State, 858 So. 2d 386 (Fla. 3d DCA 2003)
- A.B. v. State, 858 So. 2d 386 (Fla. 3d DCA 2003)