Kilgore v. State

The. appellant challenges an order of the trial court summarily denying his motion for postconviction relief. We conclude that the trial court erred when it addressed the merits of the appellant’s rule 3.850 motion, and reverse.

The appellant filed a previous rule 3.850 motion for postconviction relief, which was denied on the merits by the trial court. The appellant then filed an appeal of that denial. Because the appeal was still pending before this Court when the appellant filed the instant rule 3.850 motion, the trial court should have dismissed the appellant’s instant rule 3.850 motion…