STANLEY CAMPBELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1989-06-02
No. 89-250
BOOTH, WIGGINTON and BARFIELD, JJ., concur.
543 So. 2d 885 Florida District Court of Appeal, First District (1989)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant filed a motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, while his direct appeal from the judgment and sentence was pending in this court. The trial court improperly considered the motion. State v. Meneses, 392 So. 2d 905 (Fla.1981). Therefore, although we affirm the lower court’s order denying the motion, we do so without prejudice 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.


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