ANTHONY R. MARTIN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Rayfield Major v. State, 882 So. 2d 1058 (Fla. 4th DCA 2004)
  …PER CURIAM. We reverse the order that denied Major’s motion to correct illegal sentence as the trial court lacked jurisdiction to rule on the motion filed after appellate jurisdiction had vested in this court. Martin v. State, 800 So. 2d 363 (Fla. 4th DCA 2001). Accordingly, the trial court shall dismiss the motion. This dismissal is without prejudice to Major refiling following the disposition of his direct appeal. Campbell-Eley v. State, 763 So. 2d 539 (Fla. 4th DCA), rev. denied, 789…
• Rydberg v. State, 891 So. 2d 572 (Fla. 2d DCA 2004)
  …did not rule on the merits of this motion but properly treated it as one filed pursuant to rule 3.800(a), as cited by Mr. Rydberg, and dismissed it because the trial court was divested of jurisdiction due to the pending appeal. See Martin v. State, 800 So. 2d 363 (Fla. 4th DCA 2001). We take this opportunity to remind all appellate counsel that it is an exercise in futility to brief sentencing issues if the issues have not been properly preserved. Since January 2000, appellate counsel have had the procedure…
• Everett v. State, 993 So. 2d 1116 (Fla. 4th DCA 2008)
  …revocation of his probation and sentence. The trial court lacked jurisdiction to con [*1117] sider a rule 3.800(a) motion while an appeal of the sentence was pending. Id. See also Major v. State, 882 So. 2d 1058 (Fla. 4th DCA 2004); Martin v. State, 800 So. 2d 363 (Fla. 4th DCA 2001). WARNER, TAYLOR and DAMOORGIAN, JJ., concur.…

Authorities Cited

• Campbell-Eley v. State, 763 So. 2d 539 (Fla. 4th DCA 2000)
• Martin v. State, 796 So. 2d 1271 (Fla. 4th DCA 2001)