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858 So. 2d 386

Smith v. State

District Court of Appeal of Florida

Decided November 5, 2003

District Court of Appeal of Florida · decided 2003-11-05

Cited by 2 later decisions — most recently January 2012

2 state decisions

Relies on Bates v. State · Montague v. State · McFarland v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-11-05

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PER CURIAM.

¶1Ben Arthur Smith appeals from an order striking his Rule 3.800 motion for lack of jurisdiction. We reverse.

¶2As the State properly concedes, the pen-dency of Smith’s appeal from denial of an earlier filed Rule 3.850 motion did not deprive the court below of jurisdiction to consider the instant 3.800 motion which raised unrelated grounds. See Fla.R.Crim. P. 3.800; McFarland v. State, 808 So.2d 274 (Fla. 1st DCA 2002); Hines v. State, 714 So.2d 605, 606 (Fla. 4th DCA 1998); Montague v. State, 710 So.2d 228, 229 (Fla. 2d DCA 1998); Bates v. State, 704 So.2d 562, 563 (Fla. 1st DCA 1997).

¶3Accordingly, the order striking Smith’s May 9, 2003 Rule 3.800 motion is reversed with this matter remanded for consideration of that motion on the merits.

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