Darling v. State
This text of 799 So. 2d 346 (Darling v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Evans DARLING, Jr., Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Appellant, pro se.
Robert A. Butterworth, Attorney General, and Karen Holland, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
The trial court denied as successive the appellant's Rule 3.800(a) motion, 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, 795 So.2d 975 (Fla. 1st DCA 2001). Accordingly, we vacate the order denying the motion and remand for the trial court to dismiss the motion.
VACATED AND REMANDED.
BARFIELD, VAN NORTWICK and POLSTON, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
799 So. 2d 346, 2001 WL 1327148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darling-v-state-fladistctapp-2001.