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704 So. 2d 562

Docket No. 96-4107.

Bates v. State

Gerald Lynn BATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 17, 1997.

District Court of Appeal of Florida · decided 1997-06-17

Key passage — most relied on by later courts

“[A]n appeal of a postconviction relief matter will not deprive trial courts of jurisdiction so long as the issues raised in the two cases are unrelated.”

quoted by 5 later decisions, including Ali v. State, Norman v. State

Relies on 690 So. 2d 589 - Broward v. Jacksonville Medical Center · Kimmel v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-06-17

How this case has been cited

Cited by 22 later decisions — most recently January 2019

22 state decisions

130199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*563 Gerald Lynn Bates, Appellant, pro se.

¶2Robert A. Butterworth, Attorney General; Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4The circuit court denied appellant's motion for postconviction relief on jurisdictional grounds. We reverse and remand.

¶5Appellant filed this motion pursuant to Florida Rule of Criminal Procedure 3.850, alleging ineffective assistance of counsel during his trial for armed burglary, aggravated assault with a weapon and robbery with a weapon. Previously, he had filed a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800. This motion had been denied by the circuit court, but appeal was still pending here.[1] The lower court ruled that it did not have jurisdiction, owing to the pendency of that appeal, and did not reach the merits of appellant's motion.

¶6The trial court did have jurisdiction to consider the motion. Kimmel v. State,629 So.2d 1110 (Fla. 1st DCA 1994), established that an appeal of a postconviction relief matter will not deprive trial courts of jurisdiction so long as the issues raised in the two cases are unrelated. The issue in the other case was whether the sentence was illegal, whereas the issue raised here was whether appellant would be entitled to a new trial. Those issues are unrelated; therefore, the trial court did have jurisdiction, and we must remand.

¶7Reversed and remanded for further consistent proceedings.

¶8MINER, LAWRENCE and PADOVANO, JJ., concur.

NOTES

¶9[1] After the trial court entered its order in this case, this court decided Bates v. State,690 So.2d 594 (Fla. 1st DCA 1997).

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