LUIS HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LUIS HARRIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
939 So. 2d 197
Florida District Court of Appeal, Fifth District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant challenges the lower court’s order that struck his rule 3.850 motion directed to his original plea and judgment in case numbers 99-713 and 99-922. The trial court ruled that it did not have jurisdiction to consider the rale 3.850 motion because a direct appeal was pending before this court that challenged an order revoking Appellant’s probation. We have examined the issues in the probation revocation appeal and determined that they are unrelated to the issues raised in the rale 3.850 motion. Accordingly, we reverse the lower court’s order striking the motion and remand this cause for resolution on the merits. See Lindsay v. State, 842 So. 2d 1057 (Fla. 4th DCA 2003).
REVERSED and REMANDED.
PALMER, TORPY and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sharrod Dunston v. State, 193 So. 3d 1066 (Fla. 4th DCA 2016)…f rule 3.850 motion and holding a trial court has jurisdiction to consider a postconviction motion addressed to the defendant’s initial conviction, notwithstanding that an appeal is pending from a subsequent violation of probation); Harris v. State, 939 So. 2d 197 (Fla. 5th DCA 2006) (reversing order striking rule 3.850 motion directed to original plea; trial court ruled it lacked jurisdiction because appeal was pending from order revoking probation, but appellate court determined the issues of the motion wer…
Authorities Cited
- Lindsay v. State, 842 So. 2d 1057 (Fla. 4th DCA 2003)