Brown v. State

744 So.2d 1209 (1999)

Leonard James BROWN, Appellant,

v.

STATE of Florida, Appellee.

No. 99-03958.

District Court of Appeal of Florida, Second District.

November 10, 1999.

Leonard James Brown challenges the trial court's dismissal of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court based its dismissal upon Carter v. State, 680 So.2d 603 (Fla. 2d DCA 1996), and reasoned that it was deprived of jurisdiction to hear the motion because of a pending appeal in this court of the judgment and sentence. We reverse.

In Johnson v. State, 697…