WILLIAM BARTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM BARTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
193 So. 2d 627
Florida District Court of Appeal, Second District (1966)
Negative Treatment
Cited by 14 cases
Opinion of the Court
This is an appeal from an order denying a motion to vacate filed pursuant to Criminal Procedure, Rule 1, Ch. 924, F.S.A. Appendix.
At the time the motion was filed, a direct appeal from Barton’s criminal 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Meneses, 392 So. 2d 905 (Fla. 1981)…e v. Lake, 103 So. 2d 639 (Fla.1958). A distinction must 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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Meneses v. State, 372 So. 2d 1152 (Fla. 3d DCA 1979)…certiorari proceedings in the supreme court. We do not agree. It has indeed been held that a Rule 3.850 motion may not be considered while the judgment from which relief is sought is on direct appeal in the district court of appeal. Barton v. State, 193 So. 2d 627 (Fla.2d DCA 1966); Grizzell v. State, 187 So. 2d 342 (Fla.lst DCA 1966). While we have no occasion here to consider the propriety of these decisions,2 there is no reason why the [*1154] rule they announce should be applicable to this situation, in w…1 / 3
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Fick v. State, 388 So. 2d 1352 (Fla. 5th DCA 1980)…State, 373 So. 2d 898 (Fla.1979); Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979). A trial court has no jurisdiction to consider such a motion after an appeal has been commenced. Brooks v. State, 209 So. 2d 271 (Fla.1st DCA 1968); Barton v. State, 193 So. 2d 627 (Fla.2d DCA 1966). The Public Defender’s motion to withdraw is granted and the judgment and sentence is AFFIRMED. DAUKSCH, C. J., and SHARP, J., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Barton v. State, 193 So. 2d 618 (Fla. 2d DCA 1966)
- Buford Dalton Blackman v. City OF Gainesville, 187 So. 2d 342 (Fla. 1st DCA 1966)
- Grizzell v. State, 187 So. 2d 342 (Fla. 1st DCA 1966)