GUY LEE BRYANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1983-12-01
No. 83-1480
ORFINGER, C.J., and SHARP, J., concur.
442 So. 2d 309 Florida District Court of Appeal, Fifth District (1983) Positive Treatment
Cited by 6 cases
Opinion of the Court
COBB, Judge.

COBB, Judge.

The lower court’s order denying petitioner’s 3.850 motion is affirmed. This affirmance is not based upon a consideration of the merits of Bryant’s motion, but solely upon the lower court’s lack of jurisdiction to consider the collateral relief motion while an appeal from Bryant’s conviction is pending in this court. Harpham v. State, 415 So. 2d 863 (Fla. 5th DCA 1982); Fick v. State, 388 So. 2d 1352 (Fla. 5th DCA 1980).

ORFINGER, C.J., and SHARP, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Morgan Eugene Ayers v. State, 538 So. 2d 545 (Fla. 1st DCA 1989)
    …ffirm the judgment and sentence imposed. Although we note that a motion for post-conviction relief has been filed, since the record in this appeal had been transmitted, the trial court did not have jurisdiction to act on the motion. Bryant v. State, 442 So. 2d 309 (Fla. 5th DCA 1983). Moreover, ineffective assistance of trial counsel may not be raised for the first time on direct appeal and the issue of the voluntariness of the guilty plea cannot be raised on direct appeal unless appellant has first made a mo…
  • Taylor v. State, 661 So. 2d 960 (Fla. 3d DCA 1995)
    …PER CURIAM. Affirmed. Betancourt v. State, 650 So. 2d 1021 (Fla. 3d DCA), review denied, 659 So. 2d 272 (1995); Bryant v. State, 442 So. 2d 309 (Fla. 5th DCA 1983).…
  • Morgan Jameson v. State, 573 So. 2d 453 (Fla. 4th DCA 1991)
    …PER CURIAM. Affirmed upon authority of Bryant v. State, 442 So. 2d 309 (Fla. 5th DCA 1983). The trial court lacked jurisdiction to consider appellant’s motion to correct judgment and sentence because appeal of Jameson’s conviction and sentence was then pending on appeal in this court. Accordingly, we affirm the actio…

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