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806 So. 2d 575

Docket No. 1D01-2841.

Gaines v. State

Don S. GAINES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 28, 2002.

District Court of Appeal of Florida · decided 2002-01-28

Cited by 3 later decisions — most recently November 2009

3 state decisions

Relies on Bates v. State · Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-01-28

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¶1Appellant, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4The trial court denied as successive the appellant's motion filed under Florida Rule of Criminal Procedure 3.800(a). Because the present motion was filed and ruled on while an appeal of one of the appellant's previous Rule 3.800(a) motions, raising the same issue, was pending in this Court, the trial court did not have jurisdiction over the instant motion. See Bates v. State,704 So.2d 562 (Fla. 1st DCA 1997). The trial court therefore should have dismissed the motion for lack of jurisdiction, rather than having denied the motion. See Williams v. State,795 So.2d 975 (Fla. 1st DCA 2001). Accordingly, we vacate the order *576 denying the motion and remand for the trial court to dismiss the motion.

¶5VACATED AND REMANDED.

¶6ALLEN, C.J., and BENTON and PADOVANO, JJ., concur.

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