BROWN v. STATE (2019)

District Court of Appeal of Florida, First District.

William BROWN, Appellant, v. STATE of Florida, Appellee.

No. 1D19-733

Decided: September 09, 2019

William Brown, pro se, Appellant. Ashley Moody, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

This is an appeal from an order dismissing Appellant's second motion for postconviction relief on the ground that the trial court lacked jurisdiction to entertain the motion during the pendency of Appellant's appeal from the denial of his first motion for postconviction relief. The State properly concedes that the trial court had jurisdiction to rule on Appellant's second postconviction motion where the issue raised in that motion was unrelated to the issues raised in his prior postconviction motion. See Rhow v. State, 264 So. 3d 288 (Fla. 1st DCA 2019). Accordingly, we reverse and remand for further proceedings.

Reversed and Remanded.

Per Curiam.

Wolf, Roberts, and Jay, JJ., concur.

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