Florida District Courts of Appeal, 2005

Owens v. State

Owens v. State
Florida District Courts of Appeal · Decided October 5, 2005 · Gross, Hazouri
911 So. 2d 1277; 2005 Fla. App. LEXIS 15787; 2005 WL 2438874 (Southern Reporter, Second Series)

Owens v. State

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.