THE STATE OF FLORIDA, APPELLANT,
v.
RAFAEL PAGAN, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
RAFAEL PAGAN, APPELLEE
600 So. 2d 572
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The order under review is affirmed on authority of Campbell v. State, 577 So. 2d 932 (Fla.1991); Roberts v. State, 505 So. 2d 547 (Fla. 3d DCA 1987); and Garces v. State, 485 So. 2d 847 (Fla. 3d DCA 1986).
Affirmed.*
*
Although the State seeks to rely on chapter 92-19, Laws of Florida, that enactment accomplishes a change in law not in effect at the time of the charged offense, and does not fit within the limited scope of State v. Lanier, 464 So. 2d 1192 (Fla.1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nero v. State, 604 So. 2d 550 (Fla. 4th DCA 1992)…GS FROM CRIMINAL LIABILITY? REVERSED AND REMANDED WITH DIRECTIONS; QUESTION CERTIFIED. DOWNEY and FARMER, JJ., concur. HERSEY, J., concurs specially with opinion. . But see Robertson v. State, 605 So. 2d 94 (Fla. 4th DCA 1992), Mercano v. State, 600 So. 2d 572 (Fla. 4th DCA 1992), Walker v. State, 600 So. 2d 42 (Fla. 4th DCA 1992), Fox v. State, 600 So. 2d 501 (Fla. 4th DCA 1992), Rhodes v. State, 597 So. 2d 974 (Fla. 4th DCA 1992), Hamilton v. State, 596 So. 2d 175 (Fla. 4th DCA 1992), Grissett v. State,…
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Cleveland Darden v. State, 604 So. 2d 1256 (Fla. 5th DCA 1992)…ing.2 Darden then appealed .the trial judge’s denial of his 3.850 motion. Because Darden took his plenary appeal before the trial judge denied his 3.850 motion, the trial court lacked jurisdiction to act on the 3.850 motion. See Alexander v. State, 600 So. 2d 572 (Fla. 2d DCA 1992); Harpham v. State, 415 So. 2d 863 (Fla. 5th DCA 1982); Fick v. State, 388 So. 2d 1352 (Fla. 5th DCA 1980). Accordingly, the ruling sought to be appealed in this case is a nullity. We quash the trial court’s order on Darden’s 3.850…
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Antoine v. State, 680 So. 2d 1070 (Fla. 4th DCA 1996)…s judgment and sentence was pending at the time his motion for correction ' of sentence was filed and heard. The trial court was therefore without jurisdiction to entertain the motion. State v. Meneses, 392 So. 2d 905 (Fla.1981); Alexander v. State, 600 So. 2d 572 (Fla. 2d DCA 1992); Young v. State, 585 So. 2d 1184 (Fla. 5th DCA 1991). We accordingly affirm the trial court’s denial of the motion to correct sentence without prejudice to appellant’s right to file a new motion after the mandate is issued in th…
Authorities Cited
- Campbell v. State, 577 So. 2d 932 (Fla. 1991)
- State v. Lanier, 464 So. 2d 1192 (Fla. 1985)
- Roberts v. State, 505 So. 2d 547 (Fla. 3d DCA 1987)
- Dade Drugs, Inc. v. H.S.I. Support Sys., Inc., 485 So. 2d 847 (Fla. 1st DCA 1986)
- Garces v. State, 485 So. 2d 847 (Fla. 3d DCA 1986)