PAUL J. CARRIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WENTWORTH, Judge.
Appellant seeks review of the denial of his Fla.R.Crim.P. 3.850 motion for post-conviction relief. The motion was filed in the lower court during the pendency of appellant’s direct appeal; in such circumstances the lower court is without jurisdiction to grant post-conviction relief and such a motion is therefore properly denied. See Hurst v. State, 379 So. 2d 434 (Fla. 1st DCA 1980). Should appellant desire to pursue such relief during the pendency of a direct appeal a request may be filed in the appellate court to temporarily relinquish jurisdiction for the lower court to consider a Rule 3.850 motion.
The order appealed is affirmed without prejudice to appellant’s ability to present the issues raised in a proper Fla.R.Crim.P. 3.850 motion.
SHIVERS and NIMMONS, JJ., concur.
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Johnson v. State, 463 So. 2d 419 (Fla. 1st DCA 1985)…PER CURIAM. The order appealed is affirmed without prejudice to appellant’s ability to present the issues raised in a proper Fla.R.Crim.P. 3.850 motion. See Hurst v. State, 379 So. 2d 434 (Fla. 1st DCA 1980); Carrin v. State, 459 So. 2d 430 (Fla. 1st DCA, 1984). ERVIN, C.J., and SMITH and NIM-MONS, JJ., concur.…
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Donnie Dickerson v. State, 509 So. 2d 1390 (Fla. 1st DCA 1987)…IGGINTON, Judge. We affirm the trial court’s holding that it had no jurisdiction to consider appellant’s motion for post-conviction relief, since the motion was filed during the pendency of appellant’s direct appeal in this Court. Carrin v. State, 459 So. 2d 430 (Fla. 1st DCA 1984); Harpham, v. State, 415 So. 2d 863 (Fla. 5th DCA 1982); cf. Bryan v. State, 470 So. 2d 864 (Fla. 2d DCA 1985). However, our affirmance is without prejudice to appellant’s presenting the issues raised in a proper Fla.R.Crim.P. 3.8…
Authorities Cited
- Hurst v. State, 379 So. 2d 434 (Fla. 1st DCA 1980)