Public-domain · open source
OpenJurist

816 So. 2d 146

Docket No. 1D01-4494.

Parrish v. State

Bryant PARRISH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 8, 2002.

Rehearing Denied May 16, 2002.

District Court of Appeal of Florida · decided 2002-04-08

Cited by 6 later decisions — most recently May 2014

6 state decisions

Key passage — most relied on by later courts

“sufficiently related to divest the trial court of jurisdiction.”

quoted by 2 later decisions, including 884 So. 2d 254 - Latulip v. State, 851 So. 2d 851 - Lovett v. State

Relies on Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-04-08

View the full empirical analysis of this case →

¶1Appellant, pro se.

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

¶3PER CURIAM.

¶4The appellant challenges the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he claims a scoresheet error and ineffective assistance of counsel based on the alleged scoresheet error. The appellant had previously filed a postconviction motion, in which he also claimed scoresheet error. The issues presented in these motions are sufficiently related to divest the trial court of jurisdiction to entertain the present motion, which was filed and ruled upon during the pendency of the appeal of the trial court's denial of the earlier motion. Accordingly, the trial court's order is vacated and the cause remanded to the trial court with instructions to dismiss the appellant's rule 3.800(a) motion. See Williams v. State,795 So.2d 975 (Fla. 1st DCA 2001).

¶5VACATED; REMANDED WITH INSTRUCTIONS.

¶6MINER, PADOVANO and BROWNING, JJ., concur.

/816/so2d/146 · .json · Public domain