Opinion
No. 4D01-3514.
November 28, 2001.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Richard L. Oftedal, J.
Anthony R. Martin, Palm Beach, pro se.
No appearance required for appellee.
The order denying Martin's motion to correct illegal sentence is reversed. The trial court lacked jurisdiction to rule on the motion, which was filed after appellate jurisdiction had vested in this court.Martin v. State, 2001 WL 1230852 (Fla. 4th DCA Oct. 17, 2001).
The trial court is directed to dismiss the motion, without prejudice to Martin to refile now that the mandate has issued in the direct appeal and jurisdiction has been returned to the circuit court. Campbell-Eley v. State, 763 So.2d 539 (Fla. 4th DCA 2000).
STONE, FARMER and HAZOURI, JJ., concur.