Lee v. State

1980 Fla. App. LEXIS 23305 · District Court of Appeal of Florida · Oct 22, 1980

Full text

Lee v. State

Opinions in this case

Opinion — Per curiam
Majority

392 So.2d 913 (1980) Edwin C. LEE, Appellant, v. STATE of Florida, Appellee. No. XX-151. District Court of Appeal of Florida, First District. October 22, 1980. Edwin Cooper Lee, in pro. per. No appearance for appellee. PER CURIAM. Appellant, Edwin Lee, appeals from the lower court's denial of his motion for post-conviction *914 relief. The trial court refused to take jurisdiction of the motion because of a pending appeal from an order denying an earlier Fla.R.Crim.P. 3.850 motion seeking to vacate the same sentence on different grounds. We affirm the trial court's order. Lee's second motion may not properly be heard on the merits until the appeal of his first motion attacking the same sentence has been resolved. Wells v. State, 362 So.2d 441 (Fla. 4th DCA 1978). Since we affirm on jurisdictional grounds only, we express no opinion on the merits of Lee's motion. AFFIRMED. WENTWORTH and JOANOS, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.

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Metadata

Status: Published
Author
Judges: Per Curiam
Cluster ID: 1679608

Citations

1980 Fla. App. LEXIS 23305
390 So. 2d 1195
392 So. 2d 913

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Parentheticals

holding that the trial court had no jurisdiction to rule on second rule 3.850 motion where an order denying a prior rule 3.850 motion seeking relief on different grounds was on appeal
Jackman v. State
holding that a trial court has no jurisdiction to entertain on the merits a second rule 3.850 motion on different grounds than the prior -postconviction motion, until the pending appeal of the first postconviction motion has been resolved, citing Wells
Bryant v. State
trial court had no jurisdiction to rule on second 3.850 motion where an order denying a prior 3.850 motion seeking relief on different grounds was on appeal
Washington v. State