JOHNNY L. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2014-04-11
No. 5D14-80
ORFINGER, EVANDER, and COHEN, JJ., concur.
135 So. 3d 1137 Florida District Court of Appeal, Fifth District (2014) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the trial court’s dismissal of Appellant’s second motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Boule v. State, 64 So.3d 753 (Fla. 5th DCA 2011) (trial court has concurrent jurisdiction during the pendency of appeal from order denying postconviction relief to consider subsequent postconviction motion that raises issues unrelated to those presented in prior motion). We express no opinion on the merits of Appellant’s motion.

REVERSED and REMANDED.

ORFINGER, EVANDER, and COHEN, JJ., concur.


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  • Siskos v. State, 163 So. 3d 739 (Fla. 5th DCA 2015)
    …ction to consider a subsequent postconviction motion that raises issues unrelated to those presented in the prior postconviction motion that is the subject of a pending appeal. E.g., Tompkins v. State, 894 So. 2d 857, 859 (Fla.2005); Jones v. State, 135 So. 3d 1137 (Fla. 5th DCA 2014); Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012); Jackman v. State, 88 So. 3d 325, 327 (Fla. 4th DCA 2012); Boule v. State, 64 So. 3d 753 (Fla. 5th DCA 2011); Smith v. State, 34 So. 3d 818 (Fla. 2d DCA 2010). Siskos’s pending…

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