LOUIS REED, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1993-01-13
No. 92-04353
RYDER, A.C.J., and PARKER and ALTENBERND, JJ., concur.
610 So. 2d 736 Florida District Court of Appeal, Second District (1993) Positive Treatment
Cited by 1 case
Topics
Issuance Of Mandate Motion To Correct Illegal Sentence Motion For Postconviction Relief Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Louis Reed, Jr. appeals the circuit court’s order dismissing for lack of jurisdiction his motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant filed his motion with the trial court after the opinion issued in the appeal of his previous motion to correct illegal sentence filed pursuant to rule 3.800(a). Although the time for rehearing of the opinion had not expired when the appellant filed his motion, the mandate in that appeal issued six days before the court entered the dismissal. Hence, unbeknownst to the trial court, it had jurisdiction. We therefore reverse and remand for the trial court to rule on the allegations of the motion.

Reversed and remanded.

RYDER, A.C.J., and PARKER and ALTENBERND, JJ., concur.

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Cited By

  • Timothy v. Summers, 695 So. 2d 893 (Fla. 5th DCA 1997)
    …ers filed the motion on April 3,1997, as well as at the time the trial court dismissed the motion on April 7, 1997. Accordingly, we reverse and remand so that the trial court can address Summer’s 3.850 claims on the merits. See, e.g., Reed v. State, 610 So. 2d 736 (Fla. 2d DCA 1993). REVERSED and REMANDED. DAUKSCH and GRIFFIN, JJ., concur.…

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