Deandrew Tony Scott v. State of Florida

Summary

The Sixth District Court of Appeal of Florida reversed an order granting Deandrew Tony Scott’s motion to correct an illegal sentence. The court held that the trial court lacked jurisdiction to rule on the motion while Scott’s direct appeal was pending, and it permitted Scott to file a renewed motion under Florida Rule of Criminal Procedure 3.800 after the direct appeal had resolved.

Holdings

1. The trial court lacked jurisdiction to rule on Scott's motion to correct an illegal sentence while his direct appeal was pending.

Questions Presented

1. Whether the trial court had jurisdiction to rule on Scott's rule 3.800(a)(1) motion to correct an illegal sentence while Scott's direct appeal was pending.

Disposition

reversed