BRYANT PARRISH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he claims a scoresheet error and ineffective assistance of counsel based on the alleged scoresheet error. The appellant had previously filed a postconviction motion, in which he also claimed scoresheet error. The issues presented in these motions are sufficiently related to divest the trial court of jurisdiction to entertain the present motion, which was filed and ruled upon during the pendency of the appeal of the trial court’s denial of the earlier motion. Accordingly, the trial court’s order is vacated and the cause remanded to the trial court with instructions to dismiss the appellant’s rule 3.800(a) motion. See Williams v. State, 795 So. 2d 975 (Fla. 1st DCA 2001).
VACATED; REMANDED WITH INSTRUCTIONS.
MINER, PADOVANO and BROWNING, JJ., concur.
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Jacobs v. State, 162 So. 3d 29 (Fla. 4th DCA 2014)…time for filing a postconviction challenge under rule 3.850 expired in 1999, two years after the conviction became final on direct appeal. A double jeopardy challenge to a conviction is not an issue that may be raised at any time. Robinson v. State, 816 So. 2d 146, 148 (Fla. 1st DCA 2002). Further, the Florida Supreme Court has rejected the argument that double jeopardy prohibits separate convictions for carjacking and robbery where the robbery is based on the taking of property other than the motor vehicle.…
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Davis v. State, 20 So. 3d 1024 (Fla. 4th DCA 2009)…otion that is the subject of a pending appeal has raised the same issue or if the two motions are “sufficiently related to divest the trial court of jurisdiction.” Lovett v. State, 851 So. 2d 851, 852-53 (Fla. 2d DCA 2003) (quoting Parrish v. State, 816 So. 2d 146, 146 (Fla. 1st DCA 2002)); see also Gaines v. State, 806 So. 2d 575, 575 (Fla. 1st DCA 2002). Conversely, a trial court may rule on the merits of a subsequent rule 3.800(a) motion if it raises issues that are not related to the earlier motion. Lovet…
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Latulip v. State, 884 So. 2d 254 (Fla. 2d DCA 2004)…otion that is the subject of a pending appeal has raised the same issue or if the two motions are “sufficiently related to divest the trial court of jurisdiction.” Lovett v. State, 851 So. 2d 851, 852-53 (Fla. 2d DCA 2003) (quoting Parrish v. State, 816 So. 2d 146, 146 (Fla. 1st DCA 2002)); see also Gaines v. State, 806 So. 2d 575, 575 (Fla. 1st DCA 2002). Conversely, a trial court may rule on the merits of a subsequent rule 3.800(a) motion if it raises issues that are not related to the earlier motion. Lovet…
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- Clark v. State, 795 So. 2d 975 (Fla. 1st DCA 2001)