DERICK REED, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DERICK REED, APPELLANT,
STATE OF FLORIDA, APPELLEE
978 So. 2d 230
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the lower court’s order striking the appellant’s second motion for post-conviction relief as the court correctly understood it was without jurisdiction. See Washington v. State, 823 So. 2d 248 (Fla. 4th DCA 2002). At the time of the filing of the motion, and at the time of the ruling, the appellant had a pending appeal in this court seeking reversal of an order denying his first rule 3.850 motion. Our affirmance is without prejudice to appellant’s right to refile the motion within thirty days after this court’s mandate issues in the pending appeal, case 4D07-3652, if necessary. See Charles v. State, 950 So. 2d 486 (Fla. 4th DCA 2007).
WARNER, FARMER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)…an result in prejudice. . This list provides merely a prime example of cases which, despite being in conflict with the modern trend, have no negative treatment attached. However, the full list of conflicting cases is much longer: See Reed v. State, 978 So. 2d 230 (Fla. 4th DCA 2008); Charles v. State, 950 So. 2d 486 (Fla. 4th DCA 2007); Gunn v. State, 852 So. 2d 909 (Fla. 4th DCA 2003); Cross v. State, 834 So. 2d 961 (Fla. 4th DCA 2003); Washington v. State, 823 So. 2d 248 (Fla. 4th DCA 2002); Lea-Scandrett…
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Reed v. State, 6 So. 3d 108 (Fla. 4th DCA 2009)…d on December 27, 2007, the dismissal of which was affirmed without prejudice to refile it within thirty days after the issuance of our mandate in his appeal from the denial of his previous rule 3.850 motion in Case No. 4D07-3652. See Reed v. State, 978 So. 2d 230 (Fla. 4th DCA 2008). The instant motion was filed within that time period. However, we agree with the trial court that appellant failed to show why the three grounds asserted in this motion could not have been raised in his first rule 3.850 motion…
Authorities Cited
- Washington v. State, 823 So. 2d 248 (Fla. 4th DCA 2002)
- Cole v. State, 950 So. 2d 486 (Fla. 1st DCA 2007)
- Charles v. State, 950 So. 2d 486 (Fla. 4th DCA 2007)