Gibson v. State
This text of 920 So. 2d 719 (Gibson 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
Edward Gibson appeals the striking of his rule 3.850 motion for post-conviction relief. The circuit court struck the motion because an appeal from the denial of Gibson’s unrelated rule 3.800(a) motion was pending with this court. However, the trial court had jurisdiction to entertain the unrelated rule 3.850 motion. See Newberry v. State, 827 So.2d 387 (Fla. 4th DCA 2002); Norman v. State, 739 So.2d 1258 (Fla. 1st DCA 1999). We reverse and remand to the circuit court to conduct further proceedings on the motion.
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Cite This Page — Counsel Stack
920 So. 2d 719, 2006 Fla. App. LEXIS 2511, 2006 WL 437509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-state-fladistctapp-2006.