Betts v. State

The appellant challenges the trial court’s summary denial of his third and fourth motions for postconviction relief, brought pursuant to Florida Rule of Criminal Procedure 3.850, in which he sought to withdraw from his plea based upon ineffective assistance of counsel. Because the appellant’s third motion raised some of these same claims of ineffective assistance of counsel as in his second motion, the denial of which was pending in this Court at the time the trial court ruled on the third motion, the trial court was without jurisdiction to rule on this third motion. Darling v. State, 799…