SAMUEL ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Samuel Ross appeals an order entered January 9, 2004, summarily denying his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court was without jurisdiction to rule on this motion because Ross’s direct appeal is still pending before this court, filed through counsel on October 2, 2003. See Cazeau v. State, 858 So. 2d 1213 (Fla. 4th DCA 2003).
Therefore, as we did in Cazeau, we vacate the January 9, 2004 order and direct the trial court to dismiss the motion without prejudice. Ross shall be allowed to refile, without the penalties affixed to successive motions as announced in rule 3.850(f), after this court issues its mandate in the pending case, 4D03-3838. See id.; Daniels v. State, 712 So. 2d 765 (Fla.1998).
GUNTHER, STEVENSON and TAYLOR, JJ., concur.
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Plank v. State, 190 So. 3d 594 (Fla. 2016)…concurring). Other sanctions short of incarceration may be more effective or appropriate, especially when dealing with lay people. Indeed, not all direct criminal contempt proceedings even mandate a term of incarceration. See, e.g., Gruss v. State, 869 So. 2d 770, 771 (Fla. 4th DGA 2004) (after a prospective juror was not excused from jury service despite business commitments and then attempted to avoid jury duty by abruptly asserting she could not be fair and unbiased, the trial judge held the juror in dire…
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Forbes v. State, 933 So. 2d 706 (Fla. 4th DCA 2006)…judge’s own sense of justice.” In re Inquiry Concerning Perry, 641 So. 2d 366, 368 (Fla.1994). We interpret these admonitions to apply to the ultimate penalty imposed for contempt, as well as to the contempt adjudication itself. In Grass v. State, 869 So. 2d 770, 771 (Fla. 4th DCA 2004), we acknowledged “the problem inherent in punishing jurors.” In that case, a prospective juror asked to be excused from jury service because of business commitments. After the trial judge refused to excuse the juror, the jur…
Authorities Cited
- Daniels v. State, 712 So. 2d 765 (Fla. 1998)
- Jude P. Cazeau v. State, 858 So. 2d 1213 (Fla. 4th DCA 2003)
- Peloquin v. State, 858 So. 2d 1213 (Fla. 4th DCA 2003)