JOSEPH D. BALDINO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH D. BALDINO, APPELLANT,
STATE OF FLORIDA, APPELLEE
225 So. 3d 280
Florida District Court of Appeal, Fourth District (2017)
Opinion of the Court
In this appeal of a trial court order denying appellant’s motion to correct ille*281gal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), we conclude that the trial court lacked jurisdiction to rule because appellant’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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Campbell-Eley v. State, 763 So. 2d 539 (Fla. 4th DCA 2000)
- Rayfield Major v. State, 882 So. 2d 1058 (Fla. 4th DCA 2004)
- Everett v. State, 993 So. 2d 1116 (Fla. 4th DCA 2008)