ROBERT G. SMART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2016-09-30
No. 5D16-1548
LAWSON, C.J., and PALMER, J„ concur.
200 So. 3d 1285 Florida District Court of Appeal, Fifth District (2016) Positive Treatment
Cited by 1 case

Opinion of the Court
COHEN, J.

COHEN, J.

Because the trial court lacked jurisdiction to rule on Smart’s motion to correct illegal sentence during the pendency of his direct appeal, we reverse the order denying the motion.1 See Fla. R. Crim. P. 3.800(a)(1); Padilla-Padial v. State, 152 So.3d 51, 52 (Fla. 5th DCA 2014). We express no opinion on the merits of the motion.

REVERSED AND REMANDED.

LAWSON, C.J., and PALMER, J„ concur.


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