Thomas v. State

GERSTEN, Judge.

I respectfully dissent.

This dissent is based on procedure, not substance. I agree with the majority’s ruling that the trial court properly retained jurisdiction over the sentenced defendant. I do not agree, however, with the majority’s affirmance of the trial court’s order which fails to rule on the defendant’s 3.850 motion.

The majority recognizes that in 1988, when the 3.850 motion was first filed with the trial court, “the 1988 order did not mention, or contain any ruling on, the 3.850 motion.” In 1990, the defendant filed a second motion requesting a ruling on his 3.850…