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William Brown v. State of Florida, 19-0733 (2019)

Court: District Court of Appeal of Florida Number: 19-0733 Visitors: 3
Filed: Sep. 09, 2019
Latest Update: Mar. 03, 2020
Summary: 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
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          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.




                               2

Source:  CourtListener

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