SHARROD DUNSTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Sharrod Dunston appeals the summary denial of his rule 3.850 postconviction motion raising claims of involuntary plea and ineffective assistance of counsel. The circuit court dismissed the motion based on lack of jurisdiction, but the state conceded error on appeal, and the court reversed and remanded for consideration of the merits.
The circuit court had jurisdiction to consider the rule 3.850 motion despite the pending direct appeal, as the postconviction issues were unrelated to the probation revocation issues on appeal. The court reversed and remanded for the circuit court to consider the merits of the motion.
[1] A trial court has jurisdiction to consider a postconviction motion challenging an initial conviction, even if a direct appeal from a subsequent probation revocation is pe…
[2] A trial court should not deny a rule 3.850 motion solely on the basis that a direct appeal from a subsequent probation revocation is pending, especially when the issues r…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a trial court has jurisdiction to consider a postconviction motion addressed to the defendant's initial conviction, notwithstanding that an appeal is pending from a subsequent violation of probation”
Establishes the core legal principle that trial courts retain jurisdiction over postconviction motions even when direct appeals are pending from related matters.
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Join FLexlaw to unlock all legal intelligenceDunston entered a plea in four lower tribunal cases and was sentenced to jail followed by probation. His probation was subsequently revoked, and he fi…
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ON CONCESSION OF ERROR
Sharrod Dunston appeals the summary denial of his rule 3.850 motion and the order denying his motion for rehearing. The motion raised issues of involuntary plea and. ineffective assistance of counsel in connection with the plea he entered in four lower tribunal cases, pursuant to which he was sentenced to a jail term followed by probation. The circuit court denied the rule 3.850 motion after considering and incorporating a state response. The state argued only that the circuit court did not have jurisdiction to consider the rule 3.850 motion because Dunston then had a direct appeal pending in this court. The direct *1067appeal challenged the subsequent revocation of his probation.1
The state now concedes the' circuit court should have considered the merits of the rule 3.850 motion. We accept the state’s concession of error and reverse and remand for further proceedings. See Lindsay v. State, 842 So.2d 1057, 1059 (Fla. 4th DCA 2003) (reversing dismissal of rule 3.850 motion and holding a trial court has jurisdiction to consider a postconviction motion addressed to the defendant’s initial conviction, notwithstanding that an appeal is pending from a subsequent violation of probation); Harris v. State, 939 So.2d 197 (Fla. 5th DCA 2006) (reversing order striking rule 3.850 motion directed to original plea; trial court ruled it lacked jurisdiction because appeal was pending from order revoking probation, but appellate court determined the issues of the motion were unrelated to issues on appeal) (citing Lindsay).
Reversed and remanded for further proceedings.
TAYLOR, GERBER and LEVINE', JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lindsay v. State, 842 So. 2d 1057 (Fla. 4th DCA 2003)
- Harris v. State, 939 So. 2d 197 (Fla. 5th DCA 2006)