Casseus v. State

For the following reasons, we vacate the trial court’s second order denying Cas-seus’s motion to vacate his conviction and sentence pursuant to Florida Rule of Criminal Procedure 3.850. First, because the state had appealed the decision of this court reported as Casseus v. State, 508 So.2d 1251 (Fla. 3d DCA 1987), to the supreme court, the trial court was without jurisdiction to enter a second order denying the relief sought. See Bedami v. State, 115 So.2d 412 (Fla.1959); Lee v. State, 392 So.2d 913 (Fla. 1st DCA 1980); Wells v. State, 362 So.2d 441 (Fla. 4th DCA 1978); Gobie v. State, 188…