LISA SCHRADER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2004-12-03
No. 2D04-4139
CANADY and VILLANTI, JJ., concur.
890 So. 2d 312 Florida District Court of Appeal, Second District (2004) Positive Treatment
Cited by 4 cases
Opinion of the Court
SALCINES, Judge.

SALCINES, Judge.

Lisa Schrader seeks review of the order denying her motion for jail credit. Because her direct appeal is currently pend ing in this court, -the circuit court did not have jurisdiction to rule on her motion. See Day v. State, 770 So. 2d 1262 (Fla. 1st DCA 2000) (holding that effective January-13, 2000, a party may not file a Florida Rule of Criminal Procedure 3.800(a)-motion during the pendency of a direct appeal). Accordingly,, we reverse the order of the circuit court and remand with instructions to dismiss Schrader’s motion for jail credit without prejudice fpr her to refile after her direct appeal is final.

Reversed and remanded.

CANADY and VILLANTI, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Brown v. State, 929 So. 2d 684 (Fla. 2d DCA 2006)
    …hen the mandate in this case has issued and jurisdiction has returned to the circuit court. Any motion should not be deemed successive based upon the circuit court’s denial of Brown’s pro se motion to correct illegal sentence. See Schrader v. State, 890 So. 2d 312 (Fla. 2d DCA 2004) (holding that a circuit court did not have jurisdiction to rule on a defendant’s rule 3.800(a) motion filed during the pendency of his direct appeal). Affirmed. DAVIS and CANADY, JJ., Concur.…
  • Rollie L. Baker v. State, 936 So. 2d 1202 (Fla. 2d DCA 2006)
    …urt did not have jurisdiction to rule on his petition. Rule 3.800(a) specifically provides that a 3.800(a) motion may not be filed “during the pendency of a direct appeal.” See Matthews v. State, 889 So. 2d 893 (Fla. 2d DCA 2004); Schrader v. State, 890 So. 2d 312 (Fla. 2d DCA 2004). We therefore reverse the postconviction court’s order and remand for entry of an order of dismissal. Reversed and remand. WHATLEY, CANADY, and VILLANTI, JJ., Concur.…

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