JASON C. TUREM vs STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JASON C. TUREM, Appellant, v. Case No. 5D18-3052 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 30, 2018 3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. Jason C. Turem, Live Oak, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. The lower court concluded that it lacked jurisdiction to address the merits of Appellant’s third motion seeking postconviction relief, filed in August 2018, because an appeal of a previously denied motion remains pending. Because the new motion raises three grounds that are unrelated to those presented in the prior motion, the lower court erred in its conclusion. See Siskos v. State, 163 So. 3d 739, 740 (Fla. 5th DCA 2015). Accordingly, we reverse and remand this cause with directions that the lower court address the merits of Appellant’s August 2018 motion. REVERSED AND REMANDED. ORFINGER, TORPY and GROSSHANS, JJ., concur. 2

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