Opinion
CASE NO. 1D00-3720
Opinion filed July 24, 2001.
An appeal from the Circuit Court for Leon County. Janet E. Ferris, Judge.
Appellant, pro se.
Robert A. Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.
Appellant seeks review of a final order denying his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. When the trial court denied the motion, appellant's direct appeal from his convictions and sentences was pending review in the supreme court. McDaniel v. State, 25 Fla. L. Weekly D757, ___ So.2d ___, 2000 WL 296527 (Fla. 1st DCA Mar. 23, 2000), review denied, No. SC00-895, ___ So.2d ___ (Fla. June 20, 2001). Therefore, the trial court lacked jurisdiction to rule on the motion. Burch v. State, 721 So.2d 1198 (Fla. 1st DCA 1998) (trial court lacks jurisdiction to consider post conviction motion while a direct appeal is still pending). Accordingly, we reverse the order, and remand with directions that the trial court again consider and rule upon the motion now that appellant's direct appeals have been exhausted.
REVERSED and REMANDED, with directions.
WEBSTER, BROWNING and POLSTON, JJ., CONCUR.