FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D17-1638
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ROBERT GLEN HILL, II,
Appellant,
v.
JULIE L. JONES, Secretary,
Florida Department of
Corrections,
Appellee.
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On appeal from the Circuit Court for Duval County.
Angela M. Cox, Judge.
May 17, 2018
PER CURIAM.
Appellant challenges the trial court's summary denial of his
motion for postconviction relief filed pursuant to Florida Rule of
Criminal Procedure 3.850. The trial court denied the motion as
successive in an order filed on February 2, 2017. However, at the
time the trial court denied the motion, an appeal of a previously
filed postconviction motion raising substantially similar claims
was pending in this Court. That appeal did not become final
until June 2017. Because the appeal of the earlier 3.850 motion
was pending before this Court when the trial court ruled on the
instant motion, the trial court was without jurisdiction, as both
motions raised the same or related issues. See McFarland v.
State, 808 So. 2d 274 (Fla. 1st DCA 2002) (“While an appeal of a
prior postconviction motion is pending, the trial court has no
jurisdiction to rule on a subsequent post-conviction motion when
the issues in the two motions are related.”). Accordingly, we
reverse and remand for the trial court to once again consider
Appellant’s motion when it has jurisdiction to do so.
REVERSED and REMANDED for further proceedings.
B.L. THOMAS, C.J., and BILBREY and JAY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Robert Glen Hill, II, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Sharon S. Traxler,
Assistant Attorney General, Tallahassee; Kenneth Steely,
General Counsel, Department of Corrections, Tallahassee, for
Appellee.
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