Bryant v. State

Full title: GUY LEE BRYANT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 16, 1983

442 So. 2d 309 (Fla. Dist. Ct. App. 1983)

Opinion

No. 83-1480.

December 1, 1983. Rehearing Denied December 16, 1983.

Appeal from the Circuit Court, Orange County, James S. Byrd, J.

Guy Lee Bryant, in pro. per.

Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The lower court's order denying petitioner's 3.850 motion is affirmed. This affirmance is not based upon a consideration of the merits of Bryant's motion, but solely upon the lower court's lack of jurisdiction to consider the collateral relief motion while an appeal from Bryant's conviction is pending in this court. Harpham v. State, 415 So.2d 863 (Fla. 5th DCA 1982); Fick v. State, 388 So.2d 1352 (Fla. 5th DCA 1980).

ORFINGER, C.J., and SHARP, J., concur.