LONNY LAWRENCE SUMPTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
LONNY LAWRENCE SUMPTER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
523 So. 2d 806
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant’s motion for post-conviction relief, Fla.R.Crim.P. 3.850, was filed while his appeal to this court (No. 87-1969) was pending and without jurisdiction having been relinquished to the trial court to consider the motion. We affirm the denial of the motion upon a holding that the trial court was without jurisdiction to consider it. State v. Meneses, 392 So. 2d 905 (Fla. 1981); Bryan v. State, 470 So. 2d 864 (Fla. 2d DCA 1985); Marshall v. State, 428 So. 2d 291 (Fla. 3d DCA 1983). Our affirmance is without prejudice to appellant’s right to file such motion after disposition of his pending appeal and the return of jurisdiction to the trial court.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Campbell v. State, 543 So. 2d 885 (Fla. 1st DCA 1989)…to appellant’s right to seek post-conviction relief after disposition of the direct appeal and the return of jurisdiction to the lower court. State v. Meneses, 392 So. 2d at 907; Brown v. State, 528 So. 2d 508 (Fla. 1st DCA 1988); Sumpter v. State, 523 So. 2d 806 (Fla. 3d DCA 1988); Libby v. State, 520 So. 2d 322 (Fla. 2d DCA 1988). BOOTH, WIGGINTON and BARFIELD, JJ., concur.…
Authorities Cited
- State v. Meneses, 392 So. 2d 905 (Fla. 1981)
- Williams v. State, 470 So. 2d 864 (Fla. 2d DCA 1985)
- Amcoa, Inc. v. Lenoir Mirror Co., 428 So. 2d 291 (Fla. 3d DCA 1983)
- Marshall v. State, 428 So. 2d 291 (Fla. 3d DCA 1983)