DWIGHT EVERETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DWIGHT EVERETT, APPELLANT,
STATE OF FLORIDA, APPELLEE
993 So. 2d 1116
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion is reversed and remanded with instructions to enter an order dismissing the motion. Campbell-Eley v. State, 763 So. 2d 539 (Fla. 4th DCA 2000).
On the same day he filed this motion, Appellant filed a notice of appeal from the revocation of his probation and sentence. The trial court lacked jurisdiction to con 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Baldino v. State, 225 So. 3d 280 (Fla. 4th DCA 2017)…pellant’s direct appeal was also pending in this Court. Therefore, we reverse and remand to the trial court to dismiss the motion without prejudice to appellant’s right to refile it after final disposition of the direct appeal. See Everett v. State, 993 So. 2d 1116 (Fla. 4th DCA 2008); Major v. State, 882 So. 2d 1058 (Fla. 4th DCA 2004); Campbell-Eley v. State, 763 So. 2d 539 (Fla. 4th DCA), rev. denied, 789 So. 2d 348 (Fla. 2000), Gerber, C.J., Warner and Klingensmith, JJ., concur.…
Authorities Cited
- Campbell-Eley v. State, 763 So. 2d 539 (Fla. 4th DCA 2000)
- Martin v. State, 800 So. 2d 363 (Fla. 4th DCA 2001)
- Rayfield Major v. State, 882 So. 2d 1058 (Fla. 4th DCA 2004)