Everett v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 DWIGHT EVERETT, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-2702 [October 8, 2008] PER CURIAM. The order denying appellant s Florida Rule of Criminal Procedure 3.800(a) motion is reversed and remanded with instructions to enter an order dismissing the motion. Campbell-Eley v. State, 763 So. 2d 539 (Fla. 4th DCA 2000). On the same day he filed this motion, Appellant filed a notice of appeal from the revocation of his probation and sentence. The trial court lacked jurisdiction to consider a rule 3.800(a) motion while an appeal of the sentence was pending. Id. See also Major v. State, 882 So. 2d 1058 (Fla. 4th DCA 2004); Martin v. State, 800 So. 2d 363 (Fla. 4th DCA 2001). WARNER, TAYLOR and DAMOORGIAN, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul Backman, Judge; L.T. Case Nos. 03-18063 CF10A & 04-06739 CF10A. Dwight Everett, Sneads, pro se. Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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