Dennard v. State

DAVIS, Judge.

Kris A. Dennard challenges the postcon-viction court’s order dismissing his motion for postconvietion relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The postconviction court determined that it did not have jurisdiction to rule on the motion because Dennard’s appeal of a prior denial of his rule 3.850 motion was pending before this court and his rule 3.800(a) motion raised the same issue as the rule 3.850 motion. We conclude the postconviction court did have jurisdiction because the issues were not the same. See Ottesen v. State, 844 So.2d 753 (Fla. 2d DCA…