Opinion
No. 3D24-0165
05-08-2024
Davown DRAYTON, Appellant, v. The STATE of Florida, Appellee.
Davown Drayton, in proper person. Ashley Moody, Attorney General, for appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Richard Hersch, Judge. Lower Tribunal No. F21-7344B
Davown Drayton, in proper person.
Ashley Moody, Attorney General, for appellee.
Before SCALES, LINDSEY and MILLER, JJ.
PER CURIAM.
Appellant Davown Drayton, the defendant below, appeals the trial court’s January 12, 2024 order dismissing, for lack of jurisdiction, Drayton’s self-represented post-conviction motion asserting ineffective assistance of counsel. We affirm the trial court’s January 12, 2024 dismissal order because Drayton’s plenary appeal of his conviction was then pending in this Court (Case No. 3D23-0452) ("Drayton I"). Hence, the trial court was without jurisdiction to adjudicate Drayton’s post-conviction motion. See Sandoval v. State, 932 So. 2d 1147, 1148 (Fla. 2d DCA 2006) (holding that a trial court lacks jurisdiction to rule on a Florida Rule of Criminal Procedure 3.850 motion while the defendant’s direct appeal is pending before the appellate court). On January 29, 2024, though, Drayton’s appellate counsel in Drayton I voluntarily dismissed the Drayton I appeal.
We, therefore, express no opinion regarding Drayton’s post-conviction motion and our affirmance of the trial court’s January 12, 2024 dismissal order is without prejudice to Drayton timely filing below a cognizable post-conviction motion.
Affirmed.