Gunn v. State

Dexter Gunn (Appellant) appeals an order entered February 12, 2003, summarily *910denying his motion for postconviction relief,1 filed pursuant to Florida Rule of Criminal Procedure 3.850. At the time the trial court ruled, it lacked jurisdiction to do so because its order summarily denying a prior motion filed pursuant to rule 3.850, entered November 4, 2002, was then on appeal in this court, the notice of appeal having been filed on November 14, 2002.2

As the state acknowledges in its response to this court, the trial court should have stayed the motion until this court issued its mandate in the…