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McDaniel, v. State

District Court of Appeal of Florida, First District
Jul 24, 2001
789 So. 2d 1223 (Fla. Dist. Ct. App. 2001)

Opinion

CASE NO. 1D00-3720

Opinion filed July 24, 2001.

An appeal from the Circuit Court for Leon County. Janet E. Ferris, Judge.

Appellant, pro se.

Robert A. Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.


Appellant seeks review of a final order denying his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. When the trial court denied the motion, appellant's direct appeal from his convictions and sentences was pending review in the supreme court. McDaniel v. State, 25 Fla. L. Weekly D757, ___ So.2d ___, 2000 WL 296527 (Fla. 1st DCA Mar. 23, 2000), review denied, No. SC00-895, ___ So.2d ___ (Fla. June 20, 2001). Therefore, the trial court lacked jurisdiction to rule on the motion. Burch v. State, 721 So.2d 1198 (Fla. 1st DCA 1998) (trial court lacks jurisdiction to consider post conviction motion while a direct appeal is still pending). Accordingly, we reverse the order, and remand with directions that the trial court again consider and rule upon the motion now that appellant's direct appeals have been exhausted.

REVERSED and REMANDED, with directions.

WEBSTER, BROWNING and POLSTON, JJ., CONCUR.


Summaries of

McDaniel, v. State

District Court of Appeal of Florida, First District
Jul 24, 2001
789 So. 2d 1223 (Fla. Dist. Ct. App. 2001)
Case details for

McDaniel, v. State

Case Details

Full title:JAMES McDANIEL, Appellant, v. STATE OF FLORIDA

Court:District Court of Appeal of Florida, First District

Date published: Jul 24, 2001

Citations

789 So. 2d 1223 (Fla. Dist. Ct. App. 2001)

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