KRISTOPHER LEE MADSON
v.
STATE OF FLORIDA
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The trial court lacked jurisdiction to decide the merits of an appellant's rule 3.800(a) motion while a direct appeal of the appellant's judgment and sentence was pending in the appellate court.
[1] The trial court is divested of jurisdiction to rule on a rule 3.800(a) motion challenging a judgment and sentence when a direct appeal of that judgment and sentence is pe…
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Join FLexlaw to unlock all legal intelligence“[W]e quash the orders denying the motion because the trial court lacked jurisdiction to rule on the motion while the direct appeal of Appellant's judgment and sentence in these cases was pending in this court.”
Citation to Lowe v. State, explaining the jurisdictional issue
Kristopher Lee Madson filed a rule 3.800(a) motion in the trial court while his direct appeal was already pending before the First District Court of A…
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December 6, 2023 PER CURIAM.
Because the direct appeal was already pending with this Court (1D22-3299), the trial court lacked jurisdiction to decide the merits of Appellant’s rule 3.800(a) motion. See Lowe v. State, 152 So. 3d 1279, 1280 (Fla. 1st DCA 2015) (“[W]e quash the orders denying the motion because the trial court lacked jurisdiction to rule on the motion while the direct appeal of Appellant’s judgment and sentence in these cases was pending in this court.”).
ORDER QUASHED. ROBERTS, ROWE, and LONG, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.