ANTONIO U. AKEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTONIO U. AKEL, APPELLANT,
STATE OF FLORIDA, APPELLEE
737 So. 2d 633
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant challenges the trial court’s denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant’s direct appeal was pending at the time the motion was filed and, in fact, is still pending in this court, the trial court was without jurisdiction to consider the motion. We therefore vacate the trial court order. See Daniels v. State, 712 So. 2d 765 (Fla. 1998).
JOANOS, ALLEN and DAVIS, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Edwards v. State, 796 So. 2d 569 (Fla. 1st DCA 2001)…PER CURIAM. Because the appellant filed his Rule 3.850 motion before the mandate was issued in the direct appeal of his convictions and sentences, the trial court was without jurisdiction to rule on the motion. See Akel v. State, 737 So. 2d 633 (Fla. 1st DCA 1999); Cabrera v. State, 721 So. 2d 1190, 1191 (Fla. 2d DCA 1998). Accordingly, we vacate the trial court’s order denying the Rule 3.850 motion without prejudice to the appellant’s right to refile the motion now that his direct appeal…
Authorities Cited
- Daniels v. State, 712 So. 2d 765 (Fla. 1998)