Blackert v. State

District Court of Appeal of Florida

Blackert v. State

846 So. 2d 1196, 2003 Fla. App. LEXIS 8201, 2003 WL 21241475

CourtDistrict Court of Appeal of Florida

DecidedMay 30, 2003

DocketNo. 2D02-2333

StatusPublished

This text of 846 So. 2d 1196 (Blackert 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

Blackert v. State, 846 So. 2d 1196, 2003 Fla. App. LEXIS 8201, 2003 WL 21241475 (Fla. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

Matthew Clarence Blaekert appeals an order denying his petition for writ of habe-as corpus. The “petition” was actually a request for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Upon review of the record, this court determined that the trial court lacked jurisdiction to enter the appealed order because a direct appeal was pending at that time. Once the direct appeal was concluded, this court relinquished jurisdiction to the trial court to obtain a new order. The trial court entered an appropriate order again denying relief on April 28, 2003. We have now reviewed the petition and the April 28, 2003, order. The trial court correctly denied the motion.

Affirmed.

ALTENBERND, C.J., and SALCINES and YILLANTI, JJ., concur.

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PER CURIAM.

Matthew Clarence Blaekert appeals an order denying his petition for writ of habe-as corpus. The “petition” was actually a request for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Upon review of the record, this court determined that the trial court lacked jurisdiction to enter the appealed order because a direct appeal was pending at that time. Once the direct appeal was concluded, this court relinquished jurisdiction to the trial court to obtain a new order. The trial court entered an appropriate order again denying relief on April 28, 2003. We have now reviewed the petition and the April 28, 2003, order. The trial court correctly denied the motion.

Affirmed.

ALTENBERND, C.J., and SALCINES and YILLANTI, JJ., concur.

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Bluebook (online)

846 So. 2d 1196, 2003 Fla. App. LEXIS 8201, 2003 WL 21241475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackert-v-state-fladistctapp-2003.