RAYMOND BAKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Raymond Baker appeals an order summarily denying his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). After Baker filed his notice of appeal, the trial court entered an order denying a motion for rehearing or reconsideration. We affirm, without comment, the trial court’s denial of Baker’s Rule 3.800 motion. However, we note that Baker’s mo*42tion for rehearing and the trial court s denial of that motion are nullities. The order denying the motion for rehearing was entered without jurisdiction as Baker abandoned his motion when he filed the notice of appeal. See, e.g., Southers v. State, 961 So.2d 992 (Fla. 2d DCA 2007); see also In re Forfeiture of $101,591 in U.S. Currency, 589 So.2d 283 (Fla.1991); Loeb v. State, 387 So.2d 433, 435 (Fla. 3d DCA 1980) (recognizing that it is well established that the filing of a notice of appeal vests the appellate court with complete and exclusive jurisdiction).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 154 So. 3d 1184 (Fla. 4th DCA 2015)…]he filing of the notice of appeal divested the trial court of jurisdiction to hear a motion that pertained [*1186] to the underlying final judgment.”). If the trial court issues an order without jurisdiction, the order is a nullity. Baker v. State, 128 So. 3d 41, 41-42 (Fla. 3d DCA 2012).1 Furthermore, we lack jurisdiction to review the trial court’s denial of appellant’s second Motion for New Trial, because appellant did not file an amended notice of appeal of that order. See Velickovich v. Ricci, 391 So.…
Authorities Cited
- In re Forfeiture OF $104 v. Metro Dade Police Dep't, 589 So. 2d 283 (Fla. 1991)
- Loeb v. State, 387 So. 2d 433 (Fla. 3d DCA 1980)
- Kib B. Southers v. State, 961 So. 2d 992 (Fla. 2d DCA 2007)