Owens v. State

Full title: Lawrence OWENS, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Oct 5, 2005

911 So. 2d 1277 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D05-3611.

October 5, 2005.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Lee Jay Seidman, Judge; L.T. Case No. 04-5686 CF10A.

Lawrence Owens, Miami, pro se.

No appearance required for appellee.

PER CURIAM.

We vacate the July 20, 2005 order denying appellant's 3.850 motion. The better practice when a 3.850 motion is filed while a direct appeal is pending, and the trial court lacks jurisdiction to hear the motion, is to stay proceedings on the motion until resolution of the pending appeal. See Perez v. State, 834 So.2d 882 (Fla. 4th DCA 2002). Accordingly, this case is remanded for further proceedings.

GROSS, HAZOURI and MAY, JJ., concur.