Jackson v. State

Now pending before this court is petitioner’s appeal from his judgment and sentence in case number 1D09-0313. He petitions this court for a writ of mandamus to compel the Circuit Court for Taylor County to rule on his filings, including a notice of voluntary dismissal of the aforementioned appeal and a motion to correct illegal sentence. We deny the petition because the pending direct appeal divests the circuit court of jurisdiction to consider the rule 3.800(a) motion. Bizzell v. State, 912 So.2d 386 (Fla. 2d DCA 2005). The notice of voluntary dismissal did not change this result because it…