Khamron Robinson v. State of Florida

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-0085
_____________________________
KHAMRON ROBINSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Columbia County.
Leandra G. Johnson, Judge.
May 25, 2018
PER CURIAM.
The Appellant seeks review of an order denying a motion for
postconviction relief filed pursuant to Florida Rule of Criminal
Procedure 3.850. The State concedes error and we accept the
concession.
When the trial court entered the order denying the motion,
the Appellant’s direct appeals from the convictions and sentences
he was challenging in the postconviction motion were still
pending in this Court. Therefore, the trial court lacked
jurisdiction to rule on the motion. See Burch v. State, 721 So. 2d
1198 (Fla. 1st DCA 1998) (holding that trial court lacked
jurisdiction to consider postconviction motion because the direct
appeal was pending). The Appellant’s direct appeals have since
become final. Accordingly, we reverse and remand for the trial
court to reconsider the motion after this opinion becomes final.
See McDaniel v. State, 789 So. 2d 1223 (Fla. 1st DCA 2001).
REVERSED and REMANDED with directions.
WOLF, BILBREY, and KELSEY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Khamron Robinson, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Daniel Krumbholz,
Assistant Attorney General, Tallahassee, for Appellee.
2