JOHN F. CURRY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN F. CURRY, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
657 So. 2d 50
Florida District Court of Appeal, Second District (1995)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
John F. Curry, Jr., appeals the dismissal of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The trial court dismissed the motion, holding that it lacked jurisdiction because Curry’s direct appeal was pending. While a direct appeal is pending, a trial court has concurrent jurisdiction to correct an illegal sentence. See Easterling v. State, 596 So. 2d 103 (Fla. 2d DCA 1992).
Accordingly, we reverse the dismissal of Curry’s motion and remand for the trial court to consider the merits.
THREADGILL, A.C.J., and BLUE and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Freddy Morales, 678 So. 2d 510 (Fla. 3d DCA 1996)…to the contrary, ruling that a trial court has concurrent jurisdiction to correct an illegal sentence under Rule 3.800(a) without a relinquishment of jurisdiction. Carter v. State, 21 Fla. L. Weekly D1459 (Fla. 2d DCA June 19, 1996); Curry v. State, 657 So. 2d 50 (Fla. 2d DCA 1995), review granted, 676 So. 2d 412 (Fla. June 25,1996); Easterling v. State, 596 So. 2d 103 (Fla. 2d DCA 1992); Barber v. State, 590 So. 2d 527 (Fla. 2d DCA 1991). It seems to me that under the terms of Florida Rule of Appellate Pro…
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Carter v. State, 680 So. 2d 603 (Fla. 2d DCA 1996)…holding that it lacked jurisdiction because Carter’s direct appeal was [*604] pending. We affirm because Carter s claim is not based on a clerical error. On our own motion, we have considered this case en banc in order to recede from Curry v. State, 657 So. 2d 50 (Fla. 2d DCA 1995), review granted, 676 So. 2d 412 (Fla.1996), to the extent that it appears to broaden a trial court’s jurisdiction to rule on anything more than a clerical error under rule 3.800(a) when the defendant has a direct appeal pending.…
Authorities Cited
- Easterling v. State, 596 So. 2d 103 (Fla. 2d DCA 1992)