WILLIAM JAMES SISKOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court lacked jurisdiction to enter an order denying Siskos's amended postconviction motion because his original postconviction appeal was still pending and the issues were related.
William James Siskos appealed the trial court's summary denial of his amended postconviction relief motion. Siskos had a prior postconviction appeal p…
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William James Siskos appeals the trial court’s summary denial of his “Amended Ground 13 to his Motion for PostConviction Relief’ filed pursuant to Florida Rule of Criminal Procedure 3.850. Since the trial court lacked jurisdiction to enter the order, we reverse.
Siskos was found guilty of second-degree murder with a firearm. This Court affirmed Siskos’s judgment and sentence. Siskos v. State, 103 So.3d 179 (Fla. 5th DCA 2012). He then filed a timely rule *7403.850 postconviction motion, which the trial court summarily denied. Siskos filed an appeal that is currently pending in case number 5D14-3222. In the interim, Siskos filed a subsequent motion amending ground 13, which the trial court also denied and is the subject of this appeal.
The trial court lacked jurisdiction when it denied the amended motion because Siskos’s original postconviction appeal is still pending. A trial court has concurrent jurisdiction 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 postconviction appeal, and the allegation raised in the amended motion, are clearly related. Consequently, the trial court had no jurisdiction to enter its order.
REVERSED.
ORFINGER, LAWSON and WALLIS, JJ., concur.
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Cited By
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Rua-Torbizco v. State, 237 So. 3d 1065 (Fla. 3d DCA 2017)…s from our sister courts have held that the trial court has concurrent jurisdiction to address a second 3.850 motion raising issues unrelated to those presented in the first motion that is the subject of a pending appeal. See, e.g., Siskos v. State, 163 So. 3d 739 (Fla. 5th DCA 2015) ; Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012) ; Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012). This panel is bound by this court's prior decision in Gobie on the jurisdictional question, but we suggest that the unint…
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Nilio v. State, 277 So. 3d 754 (Fla. 1st DCA 2020)…9 So. 2d 1110, 1110–1111 (Fla. 1st DCA 1994) (setting out and explaining this principle); accord Bryant v. State, 102 So. 3d 660, 663 (Fla. 2d DCA 2012) (en banc); Jackman v. State, 88 So. 3d 325, 327 (Fla. 4th DCA 2012) (en banc); Siskos v. State, 163 So. 3d 739, 740 (Fla. 5th DCA 2015); but see Rua- Torbizco v. State, 237 So. 3d 1065, 1066 (Fla. 3d DCA 2017) (“[O]nce the notice of appeal of the order denying the first motion for postconviction relief has been filed, the trial court is without jurisdiction…
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Turem v. State, 259 So. 3d 985 (Fla. 5th DCA 2018)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012)
- Tompkins v. State, 894 So. 2d 857 (Fla. 2005)
- Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)
- Smith v. State, 34 So. 3d 818 (Fla. 2d DCA 2010)
- Boule v. State, 64 So. 3d 753 (Fla. 5th DCA 2011)
- L.G. v. State, 64 So. 3d 753 (Fla. 5th DCA 2011)
- Jones v. State, 135 So. 3d 1137 (Fla. 5th DCA 2014)
- Siskos v. Sec'y, Dep't of Corr. (M.D. Fla. 2020)