Antoine v. State

680 So. 2d 1070, 1996 Fla. App. LEXIS 10339, 1996 WL 557615

Opinion

PER CURIAM.

Appellant’s appeal of his judgment and sentence was pending at the time his motion for correction ' of sentence was filed and heard. The trial court was therefore without jurisdiction to entertain the motion. State v. Meneses, 392 So.2d 905 (Fla.1981); Alexander v. State, 600 So.2d 572 (Fla. 2d DCA 1992); Young v. State, 585 So.2d 1184 (Fla. 5th DCA 1991).

We accordingly affirm the trial court’s denial of the motion to correct sentence without prejudice to appellant’s right to file a new motion after the mandate is issued in the direct appeal.

Affirmed.

STONE, SHAHOOD and STEVENSON, JJ., concur.