Akel v. State

737 So. 2d 633, 1999 Fla. App. LEXIS 10044, 1999 WL 546985
District Court of Appeal of Florida·Decided July 29, 1999·No. No. 99-1799·Published·Cited by 1 cases

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

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