Neal v. State

Eddie Termaine Neal (Defendant) appeals from an order striking, for lack of jurisdiction, his motion for DNA evidence examination, filed pursuant to rule 3.853, Florida Rules of Criminal Procedure. We reverse and remand for the trial court to consider the merits of the motion.

In striking Defendant’s rule 3.853 motion, the trial court explained that it lacked jurisdiction to consider the matter due to the pending appeal of the denial of Defendant’s motion for postconviction relief, filed pursuant to rule 3.850. Before Defendant filed his motion, this court had affirmed the appeal, and by the…