MERLAN DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Motion To Correct Illegal Sentence cases and more on FLexlaw
DAVIS, Judge.
Merlán Davis appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Davis’s direct appeal is currently pending. Thus, the trial court was without jurisdiction to rule on Davis’s motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a). A prematurely filed motion to correct illegal sentence should be dismissed by a trial court and may be refiled after the direct appeal is final. Phillibert v. State, 768 So. 2d 1171, 1172 (Fla. 2d DCA 2000). In the alternative, a trial court may stay the motion pending the resolution of the direct appeal. Id. Accordingly, we vacate the order of the trial court and remand with instructions either to dismiss Davis’s 3.800(a) motion without prejudice to his right to refile after his direct appeal is final or to stay the motion pending the outcome of the direct appeal.
Reversed and remanded.
THREADGILL, A.C.J., and GREEN, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Merlan Davis v. State, 953 So. 2d 612 (Fla. 2d DCA 2007)…what he called a rule 3.850 motion, purportedly attacking the legality of his sentence. A week later, he appealed his convictions and sentences to this court. On appeal from an order denying his motion, we reversed and remanded. See Davis v. State, 800 So. 2d 656 (Fla. 2d DCA 2001). We treated it as a motion under Florida Rule of Criminal [*613] Procedure 3.800(a) because it sought to correct an allegedly illegal sentence. See id. We directed the postconviction court to dismiss the motion or stay considerati…1 / 2
Authorities Cited
- Cleveland Kiner v. State, 768 So. 2d 1171 (Fla. 3d DCA 2000)