Opinion
No. BK-267.
December 2, 1986.
An Appeal from the Circuit Court for Union County; David Reiman, Judge.
David L. King, pro se.
Jim Smith, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant David L. King appeals the trial court's denial of his motion for post-conviction relief: King was found guilty of attempted second-degree murder and possession of contraband on March 22, 1984. His conviction was affirmed on appeal. King v. State, 468 So.2d 510 (Fla. 1st DCA 1985). King filed his motion for post-conviction relief on October 24, 1985. The trial judge denied King's motion. On December 13, 1985, King filed a motion for rehearing. While the motion was pending before the trial court, King filed a notice of appeal. The record does not reveal that the trial court has acted upon the motion.
We observed in Lloyd v. Harrison, 489 So.2d 856 (Fla. 1st DCA 1986), that it is impossible to determine whether jurisdiction has vested when it is unclear whether the trial court has disposed of the motion for rehearing of the order denying post-conviction relief. Therefore, in accordance with Lloyd, this case should be remanded to the trial court for determination of whether appellant's motion was timely and for disposition of that motion. Appellant must inform this court within thirty days as to whether the trial court has ruled upon the motion for rehearing and must also supplement the record with any disposition which the trial court makes pursuant to the motion for rehearing.
REMANDED.
SMITH and ZEHMER, JJ., concur.