Dennard v. State
This text of 920 So. 2d 197 (Dennard 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
Kris A. Dennard challenges the postcon-viction court’s order dismissing his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The postconviction court determined that it did not have jurisdiction to rule on the motion because Dennard’s appeal of a prior denial of his rule 3.850 motion was pending before this court and his rule 3.800(a) motion raised the same issue as the rule 3.850 motion. We conclude the postconviction court did have jurisdiction because the issues were not the same. See Ottesen v. State, 844 So.2d 753 (Fla. 2d DCA 2003) (noting that if the issues raised in the postconviction motion filed with the trial court are unrelated to the issues raised by the postconviction motion on appeal, the trial court is not deprived of jurisdiction).
Reversed and remanded for consideration of the motion on its merits.
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Cite This Page — Counsel Stack
920 So. 2d 197, 2006 Fla. App. LEXIS 1800, 2006 WL 335417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennard-v-state-fladistctapp-2006.