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SMITH v. STATE

No. 3D03-1703.

858 So.2d 386 (2003)

Ben Arthur SMITH, a/k/a Kenneth Smith, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 5, 2003.

Attorney(s) appearing for the Case

Ben Arthur Smith, in proper person.

Charles J. Crist, Jr., Attorney General, and Andrea D. England, Assistant Attorney General, (Ft. Lauderdale), for appellee.

Before SCHWARTZ, C.J., and GREEN, and WELLS, JJ.

PER CURIAM.

Ben Arthur Smith appeals from an order striking his Rule 3.800 motion for lack of jurisdiction. We reverse.

As the State properly concedes, the pendency of Smith's appeal from denial of an earlier filed Rule 3.850 motion did not deprive the court below of jurisdiction to consider the instant 3.800 motion which raised unrelated grounds. See Fla. R.Crim. P. 3.800; McFarland v. State, 808 So.2d 274

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