Summary
holding that the trial court had no jurisdiction to rule on second rule 3.850 motion where an order denying a prior rule 3.850 motion seeking relief on different grounds was on appeal
Summary of this case from Jackman v. StateOpinion
No. XX-151.
October 22, 1980.
Appeal from the Circuit Court, Escambia County, John H. Greenhut, J.
Edwin Cooper Lee, in pro. per.
No appearance for appellee.
Appellant, Edwin Lee, appeals from the lower court's denial of his motion for post-conviction relief. The trial court refused to take jurisdiction of the motion because of a pending appeal from an order denying an earlier Fla.R.Crim.P. 3.850 motion seeking to vacate the same sentence on different grounds.
We affirm the trial court's order. Lee's second motion may not properly be heard on the merits until the appeal of his first motion attacking the same sentence has been resolved. Wells v. State, 362 So.2d 441 (Fla. 4th DCA 1978). Since we affirm on jurisdictional grounds only, we express no opinion on the merits of Lee's motion.
AFFIRMED.
WENTWORTH and JOANOS, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.