Legal Opinion

Clark v. State

District Court of Appeal of Florida

Decided September 23, 1998No. 98-02154PublishedCited by 5 opinions

1Opinion of the Court

720 So.2d 1097 (1998)

Timothy D. CLARK, Appellant,

v.

STATE of Florida, Appellee.

No. 98-02154.

District Court of Appeal of Florida, Second District.

September 23, 1998.

2Per curiam

Timothy Clark appeals the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion on the grounds that it lacked jurisdiction because Clark had an appeal pending before this court. We reverse the trial court's order and remand this cause for the court to consider Clark's motion on the merits.

Clark was convicted in 1995 of capital sexual battery, which…

3Cases cited5 opinions

  1. Bates v. StateDistrict Court of Appeal of Florida · 1997
  2. Denson v. StateDistrict Court of Appeal of Florida · 1998
  3. Downs v. StateDistrict Court of Appeal of Florida · 1997
  4. Montague v. StateDistrict Court of Appeal of Florida · 1998
  5. First v. StateDistrict Court of Appeal of Florida · 1996

4Cited by5 opinions

  1. Wilson v. StateDistrict Court of Appeal of Florida · 2002
  2. Ross v. StateDistrict Court of Appeal of Florida · 2007
  3. Mitchell v. StateDistrict Court of Appeal of Florida · 2003
  4. Robertson v. StateDistrict Court of Appeal of Florida · 2003
  5. Sands v. State of FloridaDistrict Court of Appeal of Florida · 2026

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