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SABBAG v. STATE

No. 2D13-1545.

141 So.3d 604 (2014)

Albert SABBAG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 21, 2014.

NORTHCUTT, Judge.

The postconviction court dismissed Albert Sabbag's motion filed under Florida Rule of Criminal Procedure 3.850, positing that the pendency on appeal of an order denying Mr. Sabbag's previously filed rule 3.800(a) motion divested the postconviction court of jurisdiction. The dismissal was correct as to ground one, albeit for the wrong reason, because that claim was untimely filed. But we reverse the dismissal of claims two and three, which alleged...

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