CHARLIE MARSHALL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
CHARLIE MARSHALL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
428 So. 2d 291
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
It appearing that the appellant’s motion under Florida Rule of Criminal Procedure 3.850 was filed and considered and ruled upon by the trial court while appellant’s petition for review to the Florida Supreme Court was pending, and that jurisdiction to consider the Rule 3.850 motion was not relinquished to the trial court, the trial court’s denial of the appellant’s Rule 3.850 motion is affirmed on the sole ground that the trial court was without jurisdiction over the motion, without prejudice to the right of the appellant to file such motion after disposition of his pending appeal and the return of jurisdiction to the trial court. See State v. Meneses, 392 So. 2d 905 (Fla.1981).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lonny Lawrence Sumpter v. State, 523 So. 2d 806 (Fla. 3d DCA 1988)…consider the motion. We affirm the denial of the motion upon a holding that the trial court was without jurisdiction to consider it. State v. Meneses, 392 So. 2d 905 (Fla. 1981); Bryan v. State, 470 So. 2d 864 (Fla. 2d DCA 1985); Marshall v. State, 428 So. 2d 291 (Fla. 3d DCA 1983). Our affirmance is without prejudice to appellant’s right to file such motion after disposition of his pending appeal and the return of jurisdiction to the trial court. Affirmed.…
Authorities Cited
- State v. Meneses, 392 So. 2d 905 (Fla. 1981)