Jones v. State

Full title: Johnny L. JONES, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Apr 11, 2014

135 So. 3d 1137 (Fla. Dist. Ct. App. 2014)

Opinion

No. 5D14–80.

2014-04-11

Johnny L. JONES, Appellant, v. STATE of Florida, Appellee.

3.850 Appeal from the Circuit Court for Putnam County, Patti A. Christensen, Judge. Johnny Jones, Mayo, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

3.850 Appeal from the Circuit Court for Putnam County, Patti A. Christensen, Judge.
Johnny Jones, Mayo, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

We reverse the trial court's dismissal of Appellant's second motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. See Boule v. State, 64 So.3d 753 (Fla. 5th DCA 2011) (trial court has concurrent jurisdiction during the pendency of appeal from order denying postconviction relief to consider subsequent postconviction motion that raises issues unrelated to those presented in prior motion). We express no opinion on the merits of Appellant's motion.

REVERSED and REMANDED. ORFINGER, EVANDER, and COHEN, JJ., concur.