Washington v. State

District Court of Appeal of Florida

Washington v. State

734 So. 2d 1085, 1999 Fla. App. LEXIS 4618, 1999 WL 71390

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 1999

DocketNo. 98-4510

StatusPublished

Cited by1 cases

This text of 734 So. 2d 1085 (Washington 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.

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Washington v. State, 734 So. 2d 1085, 1999 Fla. App. LEXIS 4618, 1999 WL 71390 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Shawn Washington appeals an order which denied his motion pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion on the grounds that it lacked jurisdiction to consider the motion because appellant had a direct appeal pending before this court. We reverse and remand for further proceedings based on Florida Rule of Appellate Procedure 9.600(d) which became effective on January 1, 1997, and applies to all sentences imposed after that date. See Johnson v. State, 697 So.2d 1304 (Fla. 2d DCA 1997). Rule 9.600(d) specifically states that a trial court retains jurisdiction to consider claims filed under Rule 3.800(a) even when a direct appeal is pending. See also Johnson v. State, 697 So.2d 1304 (Fla. 2d DCA 1997) and Waldron v. State, 696 So.2d 1318 (Fla. 1st DCA 1997). Accordingly, we reverse and remand to the trial court for proceedings consistent with this opinion. As in Waldron, we express no opinion on the merits of appellant’s motion.

WOLF, KAHN, and PADOVANO, JJ., concur.

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PER CURIAM.

Shawn Washington appeals an order which denied his motion pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion on the grounds that it lacked jurisdiction to consider the motion because appellant had a direct appeal pending before this court. We reverse and remand for further proceedings based on Florida Rule of Appellate Procedure 9.600(d) which became effective on January 1, 1997, and applies to all sentences imposed after that date. See Johnson v. State, 697 So.2d 1304 (Fla. 2d DCA 1997). Rule 9.600(d) specifically states that a trial court retains jurisdiction to consider claims filed under Rule 3.800(a) even when a direct appeal is pending. See also Johnson v. State, 697 So.2d 1304 (Fla. 2d DCA 1997) and Waldron v. State, 696 So.2d 1318 (Fla. 1st DCA 1997). Accordingly, we reverse and remand to the trial court for proceedings consistent with this opinion. As in Waldron, we express no opinion on the merits of appellant’s motion.

WOLF, KAHN, and PADOVANO, JJ., concur.

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Bluebook (online)

734 So. 2d 1085, 1999 Fla. App. LEXIS 4618, 1999 WL 71390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-state-fladistctapp-1999.

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