Summary
vacating order denying newer motion and remanding for the trial court to dismiss that motion
Summary of this case from Davis v. StateOpinion
No. 1D00-4781
Filed January 8, 2002.
An appeal from the Circuit Court for Bay County. Dedee S. Costello, Judge.
Appellant, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
The trial court denied on its merits the appellant's Rule 3.800(a) motion, which was filed while an appeal of the appellant's previous Rule 3.800(a) motion was pending in this Court. The trial court should have dismissed the motion for lack of jurisdiction. See Williams v. State, 26 Fla. L. Weekly D1307 (Fla. 1st DCA May 24, 2001). Accordingly, we vacate the order denying the motion and remand for the trial court to dismiss the motion.
VACATED AND REMANDED.
BOOTH, BARFIELD and PADOVANO, JJ., CONCUR.