KHAMRON ROBINSON
v.
STATE OF FLORIDA
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A trial court lacks jurisdiction to consider a postconviction motion under Florida Rule of Criminal Procedure 3.850 while the defendant's direct appeals from the convictions and sentences at issue are still pending.
[1] A trial court is without jurisdiction to consider a postconviction motion under Florida Rule of Criminal Procedure 3.850 while the defendant's direct appeals from the con…
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Join FLexlaw to unlock all legal intelligence“trial court lacked jurisdiction to consider postconviction motion because the direct appeal was pending”
Citation to Burch v. State, 721 So. 2d 1198 (Fla. 1st DCA 1998)
Khamron Robinson filed a postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 challenging his convictions and sentences. Th…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-0085 _____________________________
KHAMRON ROBINSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Columbia County. Leandra G. Johnson, Judge.
May 25, 2018
PER CURIAM.
The Appellant seeks review of an order denying a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The State concedes error and we accept the concession.
When the trial court entered the order denying the motion, the Appellant’s direct appeals from the convictions and sentences he was challenging in the postconviction motion were still pending in this Court. Therefore, the trial court lacked jurisdiction to rule on the motion. See Burch v. State, 721 So. 2d 1198 (Fla. 1st DCA 1998) (holding that trial court lacked jurisdiction to consider postconviction motion because the direct appeal was pending). The Appellant’s direct appeals have since
2
become final. Accordingly, we reverse and remand for the trial court to reconsider the motion after this opinion becomes final. See McDaniel v. State, 789 So. 2d 1223 (Fla. 1st DCA 2001).
REVERSED and REMANDED with directions.
WOLF, BILBREY, and KELSEY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Khamron Robinson, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Daniel Krumbholz, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Burch v. State, 721 So. 2d 1198 (Fla. 1st DCA 1998)
- McDANIEL v. State, 789 So. 2d 1223 (Fla. 1st DCA 2001)