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VARA v. STATE

District Court of Appeal of Florida, Second District
Aug 29, 1994
641 So. 2d 895 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-01564.

June 1, 1994. Rehearing Denied August 29, 1994.


Genaro Vara appeals two orders denying him relief as to postconviction issues raised under Florida Rule of Criminal Procedure 3.850. We affirm because the record reflects that at the time the trial court rendered its orders, Mr. Vara had a belated appeal pending before this court, and there was not a relinquishment of jurisdiction to the trial court to consider these matters. Hayes v. State, 566 So.2d 945 (Fla. 2d DCA 1990). As in Hayes, however, our affirmance is without prejudice to Mr. Vara properly invoking rule 3.850 after his belated appeal has concluded and jurisdiction has again vested in the trial court.

HALL, A.C.J., and THREADGILL and BLUE, JJ., concur.


Summaries of

VARA v. STATE

District Court of Appeal of Florida, Second District
Aug 29, 1994
641 So. 2d 895 (Fla. Dist. Ct. App. 1994)
Case details for

VARA v. STATE

Case Details

Full title:GENARO VARA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 29, 1994

Citations

641 So. 2d 895 (Fla. Dist. Ct. App. 1994)