Robinson v. State

The Appellant seeks review of an order denying a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The State concedes error and we accept the concession.

When the trial court entered the order denying the motion, the Appellant's direct appeals from the convictions and sentences he was challenging in the postconviction motion were still pending in this Court. Therefore, the trial court lacked jurisdiction to rule on the motion. See Burch v. State , 721 So.2d 1198 (Fla. 1st DCA 1998) (holding that trial court lacked jurisdiction to consider…