Legal Opinion

Darling v. State

District Court of Appeal of Florida

Decided October 30, 2001No. 1D01-1376PublishedCited by 2 opinions

1Opinion of the Court

799 So.2d 346 (2001)

Evans DARLING, Jr., Appellant,

v.

STATE of Florida, Appellee.

No. 1D01-1376.

District Court of Appeal of Florida, First District.

October 30, 2001.

Appellant, pro se.

Robert A. Butterworth, Attorney General, and Karen Holland, Assistant Attorney General, Tallahassee, for Appellee.

2Per curiam

The trial court denied as successive the appellant's Rule 3.800(a) motion, filed while an appeal of the appellant's previous Rule 3.800(a) motion was pending in this Court. The trial court should have dismissed the motion for lack of jurisdiction. See Williams v. State, 795 So.2d 975 (Fla. 1st DCA 2001).…

3Cases cited2 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 2001
  2. Atmore v. StateDistrict Court of Appeal of Florida · 2001

4Cited by2 opinions

  1. Betts v. StateDistrict Court of Appeal of Florida · 2002
  2. McClintock v. StateDistrict Court of Appeal of Florida · 2002

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