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Johnson v. State

District Court of Appeal of Florida, Fifth District
Dec 22, 1994
646 So. 2d 307 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-2496.

December 22, 1994.

3.850 Appeal from the Circuit Court for St. Johns County; Richard O. Watson, Circuit Judge.

Gary Shane Johnson, pro se.

No appearance for appellee.


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 3.850 motion was also rendered while the direct appeal was still pending.

Although appellant had represented in his 3.850 motion 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.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Fifth District
Dec 22, 1994
646 So. 2d 307 (Fla. Dist. Ct. App. 1994)
Case details for

Johnson v. State

Case Details

Full title:GARY SHANE JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 22, 1994

Citations

646 So. 2d 307 (Fla. Dist. Ct. App. 1994)

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