Florida District Courts of Appeal, 1999

Washington v. State

Washington v. State
Florida District Courts of Appeal · Decided February 17, 1999 · Kahn, Padovano, Wolf
734 So. 2d 1085; 1999 Fla. App. LEXIS 4618; 1999 WL 71390 (Southern Reporter, Second Series)

Washington v. State

Opinion of the Court

PER CURIAM.

Shawn Washington appeals an order which denied his motion pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion on the grounds that it lacked jurisdiction to consider the motion because appellant had a direct appeal pending before this court. We reverse and remand for further proceedings based on Florida Rule of Appellate Procedure 9.600(d) which became effective on January 1, 1997, and applies to all sentences imposed after that date. See Johnson v. State, 697 So.2d 1304 (Fla. 2d DCA 1997). Rule 9.600(d) specifically states that a trial court retains jurisdiction to consider claims filed under Rule 3.800(a) even when a direct appeal is pending. See also Johnson v. State, 697 So.2d 1304 (Fla. 2d DCA 1997) and Waldron v. State, 696 So.2d 1318 (Fla. 1st DCA 1997). Accordingly, we reverse and remand to the trial court for proceedings consistent with this opinion. As in Waldron, we express no opinion on the merits of appellant’s motion.

WOLF, KAHN, and PADOVANO, JJ., concur.

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