JACOB WESLEY SCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JACOB WESLEY SCOTT, APPELLANT,
STATE OF FLORIDA, APPELLEE
976 So. 2d 628
Florida District Court of Appeal, Second District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Jacob Wesley Scott appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Mr. Scott filed the motion on July 7, 2007, while the direct appeal of his judgment and sentence in the same case was pending. Thus, the postconviction court improperly denied the motion rather than striking it as unauthorized. See Ladson v. State, 907 So. 2d 1288 (Fla. 2d DCA 2005). We reverse and remand for the postconviction court to strike the unauthorized motion. Once the mandate issues on his direct appeal, Mr. Scott may file a rule 3.800(a) motion on the same issue should he seek further relief. See id.
Reversed and remanded with instructions.
FULMER, CASANUEVA, and CANADY, JJ., Concur.
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Citator
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Johnson v. State, 155 So. 3d 1223 (Fla. 2d DCA 2015)…al, Johnson filed a pro se “Petition to Correct Jail Credits,” pursuant to Florida Rule of Criminal Procedure 3.800(a).2 The circuit [*1224] court properly struck this motion because it was filed during the pendency of an appeal. See Scott v. State, 976 So. 2d 628 (Fla. 2d DCA 2008). The circuit court also noted that Johnson’s motion was filed pri- or to the effective date of rule 3.801, requiring that all jail credit claims be raised pursuant to that new rule. For sentences imposed prior to July 1, 2013, as…
Authorities Cited
- Ladson v. State, 907 So. 2d 1288 (Fla. 2d DCA 2005)