Opinion
No. 4D08-2702.
October 8, 2008.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul Backman, Judge; L.T. Case Nos. 03-18063 CF10A 04-06739 CF10A.
Dwight Everett, Sneads, pro se.
Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
The order denying appellant's Florida Rule of Criminal Procedure 3.800(a) motion is reversed and remanded with instructions to enter an order dismissing the motion. Campbell-Eley v. State, 763 So.2d 539 (Fla. 4th DCA 2000).
On the same day he filed this motion, Appellant filed a notice of appeal from the revocation of his probation and sentence. The trial court lacked jurisdiction to consider a rule 3.800(a) motion while an appeal of the sentence was pending. Id. See also Major v. State, 882 So.2d 1058 (Fla. 4th DCA 2004); Martin v. State, 800 So.2d 363 (Fla. 4th DCA 2001).
WARNER, TAYLOR and DAMOORGIAN, JJ., concur.