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Baker v. State

District Court of Appeal of Florida, Third District.
Dec 4, 2012
128 So. 3d 41 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D12–2570.

2012-12-4

Raymond BAKER, Appellant, v. The STATE of Florida, Appellee.

Raymond Baker, in proper person. Pamela Jo Bondi, Attorney General, for appellee.



Raymond Baker, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Before SALTER and EMAS, JJ., SCHWARTZ, Senior Judge.

PER CURIAM.

Raymond Baker appeals an order summarily denying his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). After Baker filed his notice of appeal, the trial court entered an order denying a motion for rehearing or reconsideration. We affirm, without comment, the trial court's denial of Baker's Rule 3.800 motion. However, we note that Baker's motionfor rehearing and the trial court's denial of that motion are nullities. The order denying the motion for rehearing was entered without jurisdiction as Baker abandoned his motion when he filed the notice of appeal. See, e.g., Southers v. State, 961 So.2d 992 (Fla. 2d DCA 2007); see also In re Forfeiture of $104,591 in U.S. Currency, 589 So.2d 283 (Fla.1991); Loeb v. State, 387 So.2d 433, 435 (Fla. 3d DCA 1980) (recognizing that it is well established that the filing of a notice of appeal vests the appellate court with complete and exclusive jurisdiction).

Affirmed.


Summaries of

Baker v. State

District Court of Appeal of Florida, Third District.
Dec 4, 2012
128 So. 3d 41 (Fla. Dist. Ct. App. 2012)
Case details for

Baker v. State

Case Details

Full title:Raymond BAKER, Appellant, v. The STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Dec 4, 2012

Citations

128 So. 3d 41 (Fla. Dist. Ct. App. 2012)

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