DREW C. HARTLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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KELLY, Judge.
Drew C. Hartley challenges the dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postcon-viction court dismissed Hartley’s rule 3.850 motion because Hartley has a direct appeal pending in case number 2D03-4825. While the general rule states that a trial court lacks jurisdiction to rule on a post-conviction motion when a direct appeal is pending, if the postconviction motion is unrelated to the matters raised in the direct appeal, the trial court may resolve the postconviction motion. Robertson v. State, 862 So. 2d 102 (Fla. 2d DCA 2003).
Although Hartley has an appeal pending in case number 2D03^1825, the appeal is a direct appeal of the trial court’s probation revocation order. In his postconviction motion, Hartley seeks relief from his underlying convictions. Because the two are unrelated, the postconviction court erred by dismissing Hartley’s motion on the ground that it did not have jurisdiction to rule. See id. Accordingly, we reverse the order of the postconviction court and remand for consideration of Hartley’s motion on the merits.
Reversed and remanded.
CASANUEVA and SALCINES, JJ„ Concur.
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Cross v. State, 930 So. 2d 863 (Fla. 2d DCA 2006)…has held that “[a]n appeal of a postconviction relief matter will not deprive trial courts of jurisdiction so long as the issues raised in the two cases are unrelated.” Jones v. State, 787 So. 2d 35, 36 (Fla. 2d DCA 2001); see also Hartley v. State, 927 So. 2d 1030 (Fla. 2d DCA 2006); Ottesen v. State, 844 So. 2d 753 (Fla. 2d DCA 2003); Ali v. State, 732 So. 2d 481 (Fla. 2d DCA 1999). On the other hand, we have recognized that trial courts lack jurisdiction to consider the merits of a defendant’s rule 3.850 mo…
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Sands v. State (Fla. 2d DCA 2026)…E OF FLORIDA, Appellee. No. 2D2025-0147 March 11, 2026 Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pasco County; Joshua Riba, Judge. PER CURIAM. Reversed and remanded for further proceedings. See Hartley v. State, 927 So. 2d 1030, 1030 (Fla. 2d DCA 2006) (holding that because the appeal of the trial court's probation revocation order was unrelated to the defendant's Florida Rule of Criminal Procedure 3.850 motion challenging the underlying convictions, "the postconviction co…
Authorities Cited
- Robertson v. State, 862 So. 2d 102 (Fla. 2d DCA 2003)