Touchton-Williams v. State
On remand from a prior appeal directing the trial court to attach record excerpts refuting a defendant's 3.850 claims, the trial court re-entered its denial order with additional attachments before the First DCA's mandate had actually issued. The First DCA held the trial court lacked jurisdiction to act until the mandate issued, and that a subsequent nunc pro tunc order attempting to retroactively stay the proceedings could not cure the jurisdictional defect because it was entered after the notice of appeal had already divested the trial court of jurisdiction.
Key facts
- Defendant Touchton-Williams appealed a trial court's denial of a Rule 3.850 postconviction motion, and the First DCA remanded directing the trial court to attach record excerpts refuting the claims.
- The trial court re-entered its denial order with additional attachments before the appellate mandate had issued, then later attempted to enter a nunc pro tunc order to retroactively stay proceedings after a notice of appeal had been filed.
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Why it matters
This opinion provides a clear, citable rule for practitioners handling postconviction remands: trial courts must wait for actual mandate issuance before re-entering orders on remand, even to comply with appellate… — full analysis with a trial
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