Outcome n/a Florida 2010

Larry Tyrone SCOTT, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal · January 29, 2010 · Docket No. 1D09-4918

27 So. 3d 154

Syllabus

Larry Tyrone SCOTT, Appellant, v. STATE of Florida, Appellee. No. 1D09-4918. District Court of Appeal of Florida, First District. Jan. 29, 2010. Larry Tyrone Scott, pro se, Appellant. Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.

Full Opinion (675 characters)

PER CURIAM.
The posteonviction court’s September 16, 2009, order determined that it was without jurisdiction to rule on the appellant’s amended Rule 3.850 motion because the appellant had filed a notice of appeal of the order which denied some of his claims and allowed him to amend his facially sufficient claims. However, the appellant’s appeal was dismissed by this Court in an order dated September 11, 2009, and jurisdiction had returned to the lower court to rule on the appellant’s motion.
Therefore, we reverse the postconviction court’s order and remand for the court to address the appellant’s amended claims.
REVERSED.
HAWKES, C.J., ROBERTS and CLARK, JJ., concur.

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