Akel v. State

District Court of Appeal of Florida

Akel v. State

737 So. 2d 633, 1999 Fla. App. LEXIS 10044, 1999 WL 546985

CourtDistrict Court of Appeal of Florida

DecidedJuly 29, 1999

DocketNo. 99-1799

StatusPublished

Cited by1 cases

This text of 737 So. 2d 633 (Akel v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Akel v. State, 737 So. 2d 633, 1999 Fla. App. LEXIS 10044, 1999 WL 546985 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

The appellant challenges the trial court’s denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant’s direct appeal was pending at the time the motion was filed and, in fact, is still pending in this court, the trial court was without jurisdiction to consider the motion. We therefore vacate the trial court order. [634]*634See Daniels v. State, 712 So.2d 765 (Fla. 1998).

JOANOS, ALLEN and DAVIS, JJ., CONCUR.

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PER CURIAM.

The appellant challenges the trial court’s denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant’s direct appeal was pending at the time the motion was filed and, in fact, is still pending in this court, the trial court was without jurisdiction to consider the motion. We therefore vacate the trial court order. [634]*634See Daniels v. State, 712 So.2d 765 (Fla. 1998).

JOANOS, ALLEN and DAVIS, JJ., CONCUR.

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737 So. 2d 633, 1999 Fla. App. LEXIS 10044, 1999 WL 546985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akel-v-state-fladistctapp-1999.

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