EDWARD L. GIBSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2006-02-08
No. 4D05-3264
POLEN, KLEIN and GROSS, JJ., concur.
920 So. 2d 719 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Edward Gibson appeals the striking of his rule 3.850 motion for post-conviction relief. The circuit court struck the motion because an appeal from the denial of Gibson’s unrelated rule 3.800(a) motion was pending with this court. However, the trial court had jurisdiction to entertain the unrelated rule 3.850 motion. See Newberry v. State, 827 So. 2d 387 (Fla. 4th DCA 2002); Norman v. State, 739 So. 2d 1258 (Fla. 1st DCA 1999). We reverse and remand to the circuit court to conduct further proceedings on the motion.

POLEN, KLEIN and GROSS, JJ., concur.


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  • Salazar v. State, 995 So. 2d 1058 (Fla. 4th DCA 2008)
    …xtraordinary relief from the Leon County circuit court. See Bush v. State, 945 So. 2d 1207, 1213-14 (Fla.2006) (holding the department is entitled to litigate in the circuit court in Leon County, where its central office is located); Grace v. State, 920 So. 2d 719 (Fla. 4th DCA 2006). In denying the motion, the trial court correctly explained to Defendant that he was not entitled to the same number of days of credit for each case with concurrent sentences which bear different arrest dates; instead, when a de…
  • Ward v. State, 974 So. 2d 542 (Fla. 4th DCA 2008)
    …t of Correction’s application of his court-ordered jail time credit, without prejudice to his seeking extraordinary relief from the Leon County circuit court after he has exhausted his administrative remedies with the department. See Grace v. State, 920 So. 2d 719 (Fla. 4th DCA 2006). See also Bush v. State, 945 So. 2d 1207, 1213-14 (Fla.2006) (holding the department is entitled to litigate in the circuit court in Leon County, where its central office is located). TAYLOR, HAZOURI and MAY, JJ., concur.…
  • Bryon L. Reddick v. State, 155 So. 3d 427 (Fla. 2d DCA 2015)
    …tent that Mr. Reddick claimed in his motion that the Department of Corrections continued to hold him when his sentence had expired, Mr. Reddick must first raise that issue in an administrative complaint filed with the Department. See Grace v. State, 920 So. 2d 719, 719 (Fla. 4th DCA 2006). We note that Mr. Reddick’s sentence in this case was ordered to run concurrently with any term of imprisonment he was then serving.…

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