Opinion
Case No. 1D00-4903
Opinion filed October 12, 2001.
An appeal from the Circuit Court for Alachua County. Martha Ann Lott, Judge.
Appellant, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
The appellant seeks review of the trial court's denial of his rule 3.850 motion. Because the appellant's direct appeal was pending before this Court at the time, the trial court was without jurisdiction to entertain the appellant's prematurely filed postconviction motion. The trial court's order is vacated without prejudice to the appellant to timely refile his motion, and his motion shall not be subject to the restriction against successive motions contained in Florida Rule of Criminal Procedure 3.850(f).
See Daniels v. State, 715 So.2d 765 (Fla. 1998); see also Williams v. State, 2001 Wl 543458 (Fla. 1st DCA May 24, 2001).
ERVIN, KAHN and DAVIS, JJ., CONCUR.