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LEA-SCANDRETT v. STATE

District Court of Appeal of Florida, First District.
Jan 8, 2002

PER CURIAM.

The trial court denied on its merits the appellant's Rule 3.800(a) motion, which was filed while an appeal of the appellant's previous Rule 3.800(a) motion was pending in this Court. The trial court should have dismissed the motion for lack of jurisdiction. See Williams v. State, 26 Fla. L. Weekly D1307 (Fla. 1st DCA May 24, 2001). Accordingly, we vacate the order denying the motion and remand for the trial court to dismiss the motion.

VACATED AND REMANDED.

BOOTH, BARFIELD and PADOVANO, JJ., CONCUR.