RAYFIELD MAJOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAYFIELD MAJOR, APPELLANT,
STATE OF FLORIDA, APPELLEE
882 So. 2d 1058
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the order that denied Major’s motion to correct illegal sentence as the trial court lacked jurisdiction to rule on the motion filed after appellate jurisdiction had vested in this court. Martin v. State, 800 So. 2d 363 (Fla. 4th DCA 2001). Accordingly, the trial court shall dismiss the motion. This dismissal is without prejudice to Major refiling following the disposition of his direct appeal. Campbell-Eley v. State, 763 So. 2d 539 (Fla. 4th DCA), rev. denied, 789 So. 2d 348 (Fla.2000).
POLEN, SHAHOOD and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Everett v. State, 993 So. 2d 1116 (Fla. 4th DCA 2008)…s motion, Appellant filed a notice of appeal from the revocation of his probation and sentence. The trial court lacked jurisdiction to con [*1117] sider a rule 3.800(a) motion while an appeal of the sentence was pending. Id. See also Major v. State, 882 So. 2d 1058 (Fla. 4th DCA 2004); Martin v. State, 800 So. 2d 363 (Fla. 4th DCA 2001). WARNER, TAYLOR and DAMOORGIAN, JJ., concur.…
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Baldino v. State, 225 So. 3d 280 (Fla. 4th DCA 2017)…t. Therefore, we reverse and remand to the trial court to dismiss the motion without prejudice to appellant’s right to refile it after final disposition of the direct appeal. See Everett v. State, 993 So. 2d 1116 (Fla. 4th DCA 2008); Major v. State, 882 So. 2d 1058 (Fla. 4th DCA 2004); Campbell-Eley v. State, 763 So. 2d 539 (Fla. 4th DCA), rev. denied, 789 So. 2d 348 (Fla. 2000), Gerber, C.J., Warner and Klingensmith, JJ., concur.…
Authorities Cited
- Campbell-Eley v. State, 763 So. 2d 539 (Fla. 4th DCA 2000)
- Martin v. State, 800 So. 2d 363 (Fla. 4th DCA 2001)