Opinion
No. 90-2553.
February 6, 1991.
Appeal of order denying 3.800 motion from the Circuit Court for Martin County; Paul B. Kanarek, Judge.
Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.
Affirmed upon authority of Bryant v. State, 442 So.2d 309 (Fla. 5th DCA 1983). The trial court lacked jurisdiction to consider appellant's motion to correct judgment and sentence because appeal of Jameson's conviction and sentence was then pending on appeal in this court.
Accordingly, we affirm the action of the trial court.
DOWNEY, GLICKSTEIN and STONE, JJ., concur.