Opinion
Nos. 81-1514, 81-1670.
September 28, 1982.
An Appeal from Circuit Court, Dade County; Murray Goldman, Judge.
Bennett H. Brummer, Public Defender and Lee Weissenborn, Sp. Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Penny Hershoff, Asst. Atty. Gen., for appellee.
Before BARKDULL, SCHWARTZ and JORGENSON, JJ.
The contentions properly reviewable on these direct appeals are without merit. Fla.R.Crim.P. 3.191(d)(3); State v. Tait, 387 So.2d 338 (Fla. 1980); McNamara v. State, 357 So.2d 410 (Fla. 1978). Hence, the convictions are affirmed, without prejudice, however, to the subsequent consideration of a Fla.R.Crim.P. 3.850 motion based upon alleged ineffective assistance of trial counsel or any other appropriate ground.
Since the trial court was without jurisdiction to consider a 3.850 motion while these appeals were pending, State v. Meneses, 392 So.2d 905 (Fla. 1980), any ruling on such a motion which may have already been made provides no impediment to an initial determination of the merits.