Owens v. State

We vacate the July 20, 2005 order denying appellant’s 3.850 motion. The better practice when a 3.850 motion is filed while a direct appeal is pending, and the trial court lacks jurisdiction to hear the motion, is to stay proceedings on the motion until resolution of the pending appeal. See Perez v. State, 834 So.2d 882 (Fla. 4th DCA 2002). Accordingly, this case is remanded for further proceedings.

GROSS, HAZOURI and MAY, JJ., concur.