Brush v. State

District Court of Appeal of Florida

Brush v. State

148 So. 3d 150, 2014 Fla. App. LEXIS 15376, 2014 WL 4929064

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 2014

DocketNo. 5D14-547

StatusPublished

This text of 148 So. 3d 150 (Brush 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

Brush v. State, 148 So. 3d 150, 2014 Fla. App. LEXIS 15376, 2014 WL 4929064 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

We affirm the trial court’s denial of Appellant’s January 16, 2014, motion for post-conviction relief. We also affirm the trial court’s March 13, 2014, order denying appointment of counsel. However, we reverse that portion of the March 13, 2014, order that considered, on the merits, Appellant’s request to file a successive motion for postconviction relief to raise additional claims. The trial court was without jurisdiction to consider the additional claims as this appeal was still pending.¹

AFFIRMED in part; REVERSED in part; and REMANDED.

TORPY, C.J., SAWAYA and ORFINGER, JJ., concur.

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PER CURIAM.

We affirm the trial court’s denial of Appellant’s January 16, 2014, motion for post-conviction relief. We also affirm the trial court’s March 13, 2014, order denying appointment of counsel. However, we reverse that portion of the March 13, 2014, order that considered, on the merits, Appellant’s request to file a successive motion for postconviction relief to raise additional claims. The trial court was without jurisdiction to consider the additional claims as this appeal was still pending.¹

AFFIRMED in part; REVERSED in part; and REMANDED.

TORPY, C.J., SAWAYA and ORFINGER, JJ., concur.

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Bluebook (online)

148 So. 3d 150, 2014 Fla. App. LEXIS 15376, 2014 WL 4929064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brush-v-state-fladistctapp-2014.