ALFRED E. GRIZZELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court granted the State's motion to dismiss an appeal from an order denying a motion to vacate a criminal conviction. The court held that the lower court correctly denied the motion because a direct appeal from the conviction was already pending, placing exclusive jurisdiction with the appellate court.
No, the lower court does not have jurisdiction to entertain a motion to vacate a criminal conviction when a direct appeal from that conviction is already pending before an appellate court.
“We are of the opinion that the lower court was correct in denying the Rule 1 motion because the direct appeal which is now pending in this court places all jurisdiction in this court until the determination of the appeal.”
This quote establishes the court's reasoning for affirming the lower court's denial and dismissing the current appeal.
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Join FLexlaw to unlock all legal intelligenceGrizzell filed a motion to vacate his criminal conviction in the lower court. The lower court denied this motion, stating it could not entertain it be…
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ON MOTION TO DISMISS
Grizzell filed a motion to vacate-in the lower court pursuant to Criminal-Procedure Rule 1, Ch. 924, F.S.A. Appendix. Upon consideration of the Rule-1 motion the lower court entered its order-reciting that it could not entertain said', motion because a direct appeal from Griz-zell’s criminal conviction was presently-pending before the District Court of Appeal, First District, which order in effect denied the Rule 1 motion. From this-order Grizzell then appealed to this Court,, filed a brief and the State then filed', a motion to quash or dismiss the appeal..
*343We are of the opinion that the lower court was correct in denying the Rule 1 motion because the direct appeal which is now pending in this court places all jurisdiction in this court until the determination of the appeal.
The motion to dismiss is hereby granted.
WIGGINTON, Acting C. J., CARROLL, DONALD K., and JOHNSON, JJ., concur.
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State v. Meneses, 392 So. 2d 905 (Fla. 1981)…st be drawn between a right of review and a right to request review. See Pressley v. Wainwright, 367 So. 2d 222 (Fla.1979) (England, C. J., dissenting). . Fla.R.App.P. 9.310. . Barton v. State, 193 So. 2d 627 (Fla. 2d DCA 1966); Grizzell v. State, 187 So. 2d 342 (Fla. 1st DCA 1966).…1 / 2
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Daniels v. State, 698 So. 2d 555 (Fla. 1st DCA 1997)…for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 during the pendency of appellant’s direct appeal of the order revoking his community control. Bryan v. State, 470 So. 2d 864 (Fla. 2d DCA 1985); Grizzell v. State, 187 So. 2d 342 (Fla. 1st DCA 1966); see State v. Meneses, 392 So. 2d 905 (Fla.1981). Accordingly, we affirm the denial of appellant’s motion for postconviction relief on this ground. See Robinson v. State, 393 So. 2d 33, 35 (Fla. 1st DCA 1981) (stating that if tri…
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Barton v. State, 193 So. 2d 627 (Fla. 2d DCA 1966)…nal conviction was pending before the District Court of Appeal, Second District, 193 So. 2d 618, which placed all jurisdiction in this Court until the determination of the appeal. The lower court was correct in denying the motion. Grizzell v. State, 187 So. 2d 342, (Fla.App. 1st District, 1966). This appeal is dismissed sua sponte. ALLEN, C. J., and SHANNON, J., concur.…
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