Clemons v. State

KHOUZAM, Judge.

Christian Clemons appeals from the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the postconviction court lacked jurisdiction to proceed on the rule 3.850 motion in light of Clemons’ pending appeal from his convictions, we reverse and remand.

Clemons entered a plea to sale or delivery of hydrocodone and sale or delivery of diazepam for offenses that occurred in August 2006. Within thirty days of the entry of the judgment and sentences on Clemons’ plea, his attorney filed a timely motion to withdraw plea that…