LARRY W. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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W. SHARP, Judge.
Hall appeals from the trial judge’s order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He sought to collaterally attack his convictions and sentences for multiple counts on two grounds: the evidence at trial was legally insufficient to support his conviction for armed burglary; and ineffective assistance of trial counsel for all counts. The merits of these claims appear doubtful.
However, since Hall has a direct appeal ;presently pending in this court challenging the same criminal convictions, the trial court did not have jurisdiction to rule on the motion. It is a nullity, and, similarly, any ruling we would make affirming or denying would be a nullity. See Johnson v. State, 646 So. 2d 307 (Fla. 6th DCA 1994); Darden v. State, 604 So. 2d 1256 (Fla. 5th DCA 1992). Accordingly, we quash the order which is the subject of this appeal.
QUASH ORDER SUMMARILY DENYING MOTION.
COBB and ANTOON, JJ., concur.
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Daniels v. State, 712 So. 2d 765 (Fla. 1998)…OVERTON, Justice. We have for review Daniels v. State, 698 So. 2d 555 (Fla. 1st DCA 1997), which expressly and directly conflicts with State v. Meneses, 392 So. 2d 905 (Fla.1981), and Hall v. State, 697 So. 2d 237 (Fla. 5th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. This case concerns the jurisdiction of the trial and appellate courts to hear and review a Florida Rule of Criminal Procedure 3.850 motion on the merits during the pen-dency o…
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Walk v. State, 707 So. 2d 933 (Fla. 5th DCA 1998)…be declared a sexual predator. The subject matter of the appeal and the motion were the same. Therefore, the trial court did not have jurisdiction to rule on the merits of Walk’s motion, and the order denying the motion is a nullity. Hall v. State, 697 So. 2d 237 (Fla. 5th DCA 1997). Any ruling on the merits from this court would likewise be a nullity. Id. Under other circumstances, the trial court’s ruling would be correct. A motion filed pursuant to rule 3.850 is untimely if filed more than two years afte…
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Hodges v. State, 709 So. 2d 620 (Fla. 1st DCA 1998)…d from this court, notwithstanding that the order had been affirmed and the motion for rehearing had been denied, the order of August 25, 1997, was entered in the absence of the trial court’s jurisdiction and is therefore QUASHED. See Hall v. State, 697 So. 2d 237 (Fla. 5th DCA 1997). WOLF and LAWRENCE, JJ., concur. . When this fact came to this Court’s attention during processing of the instant appeal, mandate issued in DCA case number 94-2650 on January 22, 1998.…
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- Cleveland Darden v. State, 604 So. 2d 1256 (Fla. 5th DCA 1992)
- Finley v. State, 646 So. 2d 307 (Fla. 5th DCA 1994)