Opinion
No. 1D01-1376.
October 30, 2001.
An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge.
Appellant, pro se.
Robert A. Butterworth, Attorney General, and Karen Holland, Assistant Attorney General, Tallahassee, for Appellee.
The trial court denied as successive the appellant's Rule 3.800(a) motion, filed while an appeal of the appellant's previous Rule 3.800(a) motion was pending in this Court. The trial court should have dismissed the motion for lack of jurisdiction. See Williams v. State, 26 Fla. L. Weekly D1307 (Fla. 1st DCA May 24, 2001). Accordingly, we vacate the order denying the motion and remand for the trial court to dismiss the motion.
VACATED AND REMANDED.
BARFIELD, VAN NORTWICK and POLSTON, JJ., concur.