FRANK LAMONT WHEELER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges an order of the trial court dismissing his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), for lack of jurisdiction because the appellant had a pending appeal of an earlier postcon-viction motion. However, an appeal of a postconviction relief matter will not deprive the trial court of jurisdiction so long as the issues raised in the two cases are unrelated. See Bates v. State, 704 So. 2d 562 (Fla. 1st DCA 1997); Kimmel v. State, 629 So. 2d 1110 (Fla. 1st DCA 1994). A review of 1D05-2111 reveals that the issues pending appeal are unrelated to the issues raised in the present motion.
We therefore reverse the trial court’s dismissal of the appellant’s motion to correct an illegal sentence and remand for the trial court to address the appellant’s motion on the merits.
REVERSED AND REMANDED.
WEBSTER, BROWNING and POLSTON, JJ., concur.
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S.B. v. State, 31 So. 3d 968 (Fla. 4th DCA 2010)…defendant admits both the facts adduced, as well as every conclusion favorable to the State that a finder of fact could fairly and reasonably infer from the evidence. Ackon v. State, 14 So. 3d 1146, 1148 (Fla. 4th DCA 2009) (quoting Maglio v. State, 918 So. 2d 369, 374 (Fla. 4th DCA 2005)). Evi- [*970] denee is sufficient to sustain a conviction if a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt after viewing the evidence in a light most favorable to th…
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Sanchez v. State, 101 So. 3d 1283 (Fla. 4th DCA 2012)…he guilty verdict.” Gilbert v. State, 817 So. 2d 980, 982 (Fla. 4th DCA 2002). The defendant, as the moving party, admits all facts introduced in evidence, and every fair and reasonable inference must be drawn in favor of the State. Maglio v. State, 918 So. 2d 369, 374 (Fla. 4th DCA 2005). A motion for judgment of acquittal should not be granted “unless the evidence is such that [*1286] no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law.” Ackon v. Sta…
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Tindal v. State, 145 So. 3d 915 (Fla. 4th DCA 2014)…guilty verdict.” Gilbert v. State, 817 So. 2d 980, 982 (Fla. 4th DCA 2002). In moving for acquittal, the defendant admits all facts introduced in evidence, and every fair and reasonable inference must be drawn in favor of the State. Maglio v. State, 918 So. 2d 369, 374 (Fla. 4th DCA 2005). A motion for judgment of acquittal should be denied “unless the evidence is such that no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law.” Ackon v. State, 14 So. 3d…
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- Bates v. State, 704 So. 2d 562 (Fla. 1st DCA 1997)
- Kimmel v. State, 629 So. 2d 1110 (Fla. 1st DCA 1994)