Cross v. State

930 So.2d 863 (2006)

John CROSS, Appellant,

v.

STATE of Florida, Appellee.

No. 2D05-5446.

District Court of Appeal of Florida, Second District.

June 23, 2006.

KELLY, Judge.

John Cross challenges the postconviction court's dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court determined that it lacked jurisdiction because Cross had an appeal pending in this court when he filed the rule 3.850 motion. We reverse because the trial court did have jurisdiction to entertain Cross's motion.

Cross's judgments and sentences became…