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Esty v. State

District Court of Appeal of Florida, First District
May 11, 2009
18 So. 3d 608 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D08-6107.

May 11, 2009.

An appeal from the Circuit Court for Bradford County. Peter. K. Sieg, Judge.

Morgan C. Esty, pro se, Appellant.

Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges the trial court's summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). However, the appellant's appeal of his judgment and sentence is currently pending. Because the direct appeal is pending, the postconviction court was without jurisdiction to rule on the appellant's postconviction motion. See Day v. State, 770 So.2d 1262 (Fla. 1st DCA 2000); Burch v. State, 721 So.2d 1198 (Fla. 1st DCA 1998).

Therefore, we quash the postconviction court's denial without prejudice to the appellant's right to file a new rule 3.800(a) motion once the direct appeal has been resolved.

ORDER QUASHED.

WOLF, KAHN, and VAN NORTWICK, JJ., concur.


Summaries of

Esty v. State

District Court of Appeal of Florida, First District
May 11, 2009
18 So. 3d 608 (Fla. Dist. Ct. App. 2009)
Case details for

Esty v. State

Case Details

Full title:Morgan C. ESTY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 11, 2009

Citations

18 So. 3d 608 (Fla. Dist. Ct. App. 2009)