Bacon v. State

District Court of Appeal of Florida

Bacon v. State

693 So. 2d 601, 1997 Fla. App. LEXIS 2548, 1997 WL 122662

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 1997

DocketNo. 96-291

StatusPublished

This text of 693 So. 2d 601 (Bacon 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.

Bluebook

Bacon v. State, 693 So. 2d 601, 1997 Fla. App. LEXIS 2548, 1997 WL 122662 (Fla. Ct. App. 1997).

Pincite

Opinion

MICKLE, Judge.

Nathan Mike Bacon appeals the denial of his motion for post-conviction relief, filed pursuant to Fla.R.Crim.P. 3.850. The lower court denied the motion on the basis that it lacked jurisdiction because, at the time it was asked to consider the motion, there was pending in the Florida Supreme Court a petition for review from the denial of a petition for writ of habeas corpus. However, the instant record reflects that the petition for review was dismissed on December 17, 1994, [602]*602prior to the time that appellant filed his 3.850 motion. We therefore REVERSE and REMAND with directions to the trial court to consider the allegations contained in the motion and addenda.

ALLEN and PADOVANO, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

MICKLE, Judge.

Nathan Mike Bacon appeals the denial of his motion for post-conviction relief, filed pursuant to Fla.R.Crim.P. 3.850. The lower court denied the motion on the basis that it lacked jurisdiction because, at the time it was asked to consider the motion, there was pending in the Florida Supreme Court a petition for review from the denial of a petition for writ of habeas corpus. However, the instant record reflects that the petition for review was dismissed on December 17, 1994, [602]*602prior to the time that appellant filed his 3.850 motion. We therefore REVERSE and REMAND with directions to the trial court to consider the allegations contained in the motion and addenda.

ALLEN and PADOVANO, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

693 So. 2d 601, 1997 Fla. App. LEXIS 2548, 1997 WL 122662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bacon-v-state-fladistctapp-1997.