TALMADGE HAYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TALMADGE HAYES, APPELLANT,
STATE OF FLORIDA, APPELLEE
566 So. 2d 945
Florida District Court of Appeal, Second District (1990)
Negative Treatment
Cited by 18 cases
Opinion of the Court
PER CURIAM.
Talmadge Hayes filed a motion for post-conviction relief while his direct appeal to this court was pending and without jurisdiction having been relinquished to the trial court to consider the motion. We affirm the denial of the motion because 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). Our affirmance is without prejudice to Hayes’ right to file a sufficient motion after disposition of his pending appeal, and the return of jurisdiction to the trial court.
SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.
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Johnson v. State, 574 So. 2d 222 (Fla. 5th DCA 1991)…ry” split sentences. See Hall v. State, 568 So. 2d 1346 (Fla. 1st DCA 1990); Curry v. State, 568 So. 2d 1346 (Fla. 1st DCA 1990); Mickens v. State, 568 So. 2d 947 (Fla. 1st DCA 1990); Cobb v. State, 567 So. 2d 554 (Fla. 1st DCA 1990); Huff v. State, 566 So. 2d 945 (Fla. 1st DCA 1990); Schesny v. State, 564 So. 2d 640 (Fla. 1st DCA 1990); Buckley v. State, 558 So. 2d 534 (Fla. 1st DCA 1990); Betsey v. State, 558 So. 2d 202 (Fla. 1st DCA 1990); Glass v. State, 556 So. 2d 465 (Fla. 1st DCA 1990). . This concept…
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Hall v. State, 568 So. 2d 1346 (Fla. 1st DCA 1990)…PER CURIAM. AFFIRMED. See Cobb v. State, 567 So. 2d 554 (Fla. 1st DCA 1990); Huff v. State, 566 So. 2d 945 (Fla. 1st DCA 1990). Fla.R.App.P. 9.315(a). We certify the following question to the supreme court as one of great public importance: DOES A JEOPARDY VIOLATION RESULT FROM THE IMPOSITION OF A PROBATIONARY SPLIT SENTENCE WHEN THE LEGISLATURE HAS NO…
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KIT v. State, 654 So. 2d 1235 (Fla. 2d DCA 1995)…864 (Fla. 2d DCA 1986). Our affirmance, however, is without prejudice to Kit’s right to file another motion in the probation revocation case after disposition of his pending appeal, and the return of jurisdiction to the trial court. Hayes v. State, 566 So. 2d 945 (Fla. 2d DCA 1990). Affirmed in part, reversed in part, and remanded for further proceedings. RYDER, A.C.J., and DANAHY, J., concur. . § 812.019(1), Fla.Stat. (1993). . The state’s factual basis was sketchy at best, consisting of the following:…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Meneses, 392 So. 2d 905 (Fla. 1981)
- Williams v. State, 470 So. 2d 864 (Fla. 2d DCA 1985)