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Schrader v. State

District Court of Appeal of Florida, Second District
Dec 3, 2004
890 So. 2d 312 (Fla. Dist. Ct. App. 2004)

Summary

holding that a circuit court did not have jurisdiction to rule on a defendant's rule 3.800 motion filed during the pendency of his direct appeal

Summary of this case from Brown v. State

Opinion

No. 2D04-4139.

December 3, 2004.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.


Lisa Schrader seeks review of the order denying her motion for jail credit. Because her direct appeal is currently pending in this court, the circuit court did not have jurisdiction to rule on her motion. See Day v. State, 770 So.2d 1262 (Fla. 1st DCA 2000) (holding that effective January 13, 2000, a party may not file a Florida Rule of Criminal Procedure 3.800(a) motion during the pendency of a direct appeal). Accordingly, we reverse the order of the circuit court and remand with instructions to dismiss Schrader's motion for jail credit without prejudice for her to refile after her direct appeal is final.

Reversed and remanded.

CANADY and VILLANTI, JJ., concur.


Summaries of

Schrader v. State

District Court of Appeal of Florida, Second District
Dec 3, 2004
890 So. 2d 312 (Fla. Dist. Ct. App. 2004)

holding that a circuit court did not have jurisdiction to rule on a defendant's rule 3.800 motion filed during the pendency of his direct appeal

Summary of this case from Brown v. State
Case details for

Schrader v. State

Case Details

Full title:Lisa SCHRADER, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 3, 2004

Citations

890 So. 2d 312 (Fla. Dist. Ct. App. 2004)

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