GARY SHANE JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY SHANE JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
646 So. 2d 307
Florida District Court of Appeal, Fifth District (1994)
Opinion of the Court
PER CURIAM.
Gary Shane Johnson filed a 3.850 motion under the Florida Rules of Criminal Procedure while the direct appeal of his conviction and sentence was pending. The denial of the 3.850motion was also rendered while the direct appeal was still pending.
Although appellant had represented in his 3.850motion that he had no direct appeal, in fact, his appeal was pending. Therefore, the trial court lacked jurisdiction to enter an order on the motion. Darden v. State, 604 So. 2d 1256 (Fla. 5th DCA 1992); Young v. State, 585 So. 2d 1184 (Fla. 5th DCA 1991). The order denying the motion is therefore quashed. Johnson may appeal a later ruling following disposition of his plenary appeal.
ORDER QUASHED.
W. SHARP, PETERSON and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Young v. State, 585 So. 2d 1184 (Fla. 5th DCA 1991)
- Cleveland Darden v. State, 604 So. 2d 1256 (Fla. 5th DCA 1992)