WILLIAM BROWN
v.
STATE OF FLORIDA
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A trial court has jurisdiction to entertain a second postconviction motion during the pendency of an appeal from the denial of a first postconviction motion when the issues raised in the second motion are unrelated to those in the first motion.
[1] A trial court retains jurisdiction to rule on a postconviction motion that raises issues unrelated to those raised in a previously denied postconviction motion, even thou…
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Join FLexlaw to unlock all legal intelligenceWilliam Brown appealed the trial court's dismissal of his second motion for postconviction relief. The trial court dismissed the motion on the ground …
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September 9, 2019 PER CURIAM.
This is an appeal from an order dismissing Appellant’s second motion for postconviction relief on the ground that the trial court lacked jurisdiction to entertain the motion during the pendency of Appellant’s appeal from the denial of his first motion for postconviction relief. The State properly concedes that the trial court had jurisdiction to rule on Appellant’s second postconviction motion where the issue raised in that motion was unrelated to the issues raised in his prior postconviction motion. See Rhow v. State, 264 So. 3d 288 (Fla. 1st DCA 2019). Accordingly, we reverse and remand for further proceedings.
REVERSED and REMANDED.
WOLF, ROBERTS, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ William Brown, pro se, Appellant. Ashley Moody, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.