BRIAN WALLACE
v.
STATE
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A trial court lacks jurisdiction to rule on a Florida Rule of Criminal Procedure 3.800(c) motion while a direct appeal is pending.
[1] A trial court is without jurisdiction to rule on a Florida Rule of Criminal Procedure 3.800(c) motion while a direct appeal from the judgment is pending.
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Join FLexlaw to unlock all legal intelligenceBrian Wallace appealed his judgment and sentence. The trial court attempted to rule on Wallace's Rule 3.800(c) motion while his direct appeal was pend…
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PER CURIAM.
We affirm Appellant’s judgment and sentence. However, as the State properly concedes, the trial court was without jurisdiction to rule on Appellant’s Florida Rule of Criminal Procedure 3.800(c) motion while his direct appeal was pending. See, e.g., Liranzo-Cruzata v. State, 6 So. 3d 114 (Fla. 2d DCA 2009); Mowatt v. State, 963 So. 2d 348 (Fla. 4th DCA 2007). We therefore reverse the order denying Appellant’s rule 3.800(c) motion and remand for the trial court to enter a new order on Appellant’s aforementioned motion.
AFFIRMED, in part; REVERSED, in part; and REMANDED.
EVANDER, BERGER and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Philmon Mowatt v. State, 963 So. 2d 348 (Fla. 4th DCA 2007)
- Liranzo-Cruzata v. State, 6 So. 3d 114 (Fla. 2d DCA 2009)