LAWRENCE OWENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LAWRENCE OWENS, APPELLANT,
STATE OF FLORIDA, APPELLEE
911 So. 2d 1277
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We vacate the July 20, 2005 order denying appellant’s 3.850 motion. The better practice when a 3.850 motion is filed while a direct appeal is pending, and the trial court lacks jurisdiction to hear the motion, is to stay proceedings on the motion until resolution of the pending appeal. See Perez v. State, 834 So. 2d 882 (Fla. 4th DCA 2002). Accordingly, this case is remanded for further proceedings.
GROSS, HAZOURI and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Abedelkader Dawudi v. State, 929 So. 2d 1188 (Fla. 4th DCA 2006)…without prejudice to refile when jurisdiction returns to the court. Cazeau v. State, 858 So. 2d 1213 (Fla. 4th DCA 2003). However, the “better practice ... is to stay proceedings on the motion until resolution of the pending appeal.” Owens v. State, 911 So. 2d 1277, 1277 (Fla. 4th DCA 2005). Claims one, two and three are affirmed. We also affirm the denial of claim four without prejudice to refile a legally sufficient claim alleging on what date the defendant discovered counsel’s affirmative misadvice. Miralle…
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Paul v. State, 141 So. 3d 589 (Fla. 4th DCA 2014)…4 CF10B and 10-20584 CF10A, as the lower court did not have jurisdiction to rule on the motions while appellant’s direct appeal was pending in this court in case number 4D12-4476. Dawudi v. State, 929 So. 2d 1188 (Fla. 4th DCA 2006); Owens v. State, 911 So. 2d 1277 (Fla. 4th DCA 2005); Perez v. State, 834 So. 2d 882 (Fla. 4th DCA 2002) (en banc). That appeal remains pending. We remand with directions to the lower court to stay proceedings on these motions until the pending direct appeal is resolved. Vacate…
Authorities Cited
- Perez v. State, 834 So. 2d 882 (Fla. 4th DCA 2002)