William Brown v. State of Florida
This text of William Brown v. State of Florida (William Brown v. State of Florida) 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
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
No. 1D19-733 _____________________________
WILLIAM BROWN,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Duval County. Tatiana Salvador, Judge.
September 9, 2019
PER CURIAM.
This is an appeal from an order dismissing Appellant’s second motion for postconviction relief on the ground that the trial court lacked jurisdiction to entertain the motion during the pendency of Appellant’s appeal from the denial of his first motion for postconviction relief. The State properly concedes that the trial court had jurisdiction to rule on Appellant’s second postconviction motion where the issue raised in that motion was unrelated to the issues raised in his prior postconviction motion. See Rhow v. State, 264 So. 3d 288 (Fla. 1st DCA 2019). Accordingly, we reverse and remand for further proceedings.
REVERSED and REMANDED.
WOLF, ROBERTS, and JAY, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
William Brown, pro se, Appellant.
Ashley Moody, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.
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William Brown v. State of Florida, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-brown-v-state-of-florida-fladistctapp-2019.