Thomas v. State

Appellant challenges the trial court’s order that dismissed Appellant’s second Florida Rule of Criminal Procedure 3.800(a) motion for a lack of jurisdiction. We reverse.

Appellant’s first rule 3.800(a) motion challenged the accuracy of his sentencing scoresheet. The trial court denied the motion, and Appellant appealed the order. See Thomas v. State, 114 So.3d 954 (Fla. 5th DCA 2013), reh’g denied (June 7, 2013). During that appeal, Appellant filed his second rule 3.800(a) motion. The trial court dismissed the second motion because Appellant’s first rule 3.800(a) motion was pending before this…