FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-733
_____________________________
WILLIAM BROWN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Duval County.
Tatiana Salvador, Judge.
September 9, 2019
PER CURIAM.
This is an appeal from an order dismissing Appellant’s second
motion for postconviction relief on the ground that the trial court
lacked jurisdiction to entertain the motion during the pendency of
Appellant’s appeal from the denial of his first motion for
postconviction relief. The State properly concedes that the trial
court had jurisdiction to rule on Appellant’s second postconviction
motion where the issue raised in that motion was unrelated to the
issues raised in his prior postconviction motion. See Rhow v. State,
264 So. 3d 288 (Fla. 1st DCA 2019). Accordingly, we reverse and
remand for further proceedings.
REVERSED and REMANDED.
WOLF, ROBERTS, and JAY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
William Brown, pro se, Appellant.
Ashley Moody, Attorney General, and Anne C. Conley, Assistant
Attorney General, Tallahassee, for Appellee.
2