Darling v. State (799 So. 2d 346, 2001)

Florida District Court of Appeal 2001-10-30

Citations

Full opinion text

PER CURIAM.

The trial court denied as successive the appellant’s Rule 3.800(a) motion, filed while an appeal of the appellant’s previous Rule 3.800(a) motion was pending in this Court. The trial court should have dismissed the motion for lack of jurisdiction. See Williams v. State, 795 So.2d 975 (Fla. 1st DCA 2001). Accordingly, we vacate the order denying the motion and remand for the trial court to dismiss the motion.

VACATED AND REMANDED.

BARFIELD, VAN NORTWICK and POLSTON, JJ., concur.