Opinion
Case No. 96-02720
Opinion filed November 13, 1996.
Appeal pursuant to Fla. R. App. P. 9.140(g) from the Circuit Court for Sarasota County; Harry M. Rapkin, Judge.
The trial court's order rendered May 31, 1996, denying Zinnermon's motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a) is affirmed. Zinnermon filed his notice of appeal of the order on June 21, 1996. On July 1, 1996, the trial court entered an order denying Zinnermon's motion for rehearing, which included a ground not alleged in his prior motion for post-conviction relief. He wishes us now to review the July 1, 1996, order denying his motion for rehearing.
The trial court was without jurisdiction to enter the order since it was divested of jurisdiction in the matter upon Zinnermon's filing of the notice of appeal on June 21. Hudson v. Hofmann, 471 So.2d 117 (Fla. 2d DCA), rev. denied, 480 So.2d 1294 (Fla. 1985) Accordingly, while we do not review that order, Zinnermon may raise the new issue by a proper post-conviction motion.
Affirmed.
DANAHY, A.C.J., and CAMPBELL and BLUE, JJ., Concur.