Carrin v. State

District Court of Appeal of Florida

Carrin v. State

459 So. 2d 430, 9 Fla. L. Weekly 2413, 1984 Fla. App. LEXIS 16600

CourtDistrict Court of Appeal of Florida

DecidedNovember 16, 1984

DocketNo. AZ-414

StatusPublished

Cited by2 cases

This text of 459 So. 2d 430 (Carrin 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.

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Carrin v. State, 459 So. 2d 430, 9 Fla. L. Weekly 2413, 1984 Fla. App. LEXIS 16600 (Fla. Ct. App. 1984).

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Opinion

WENTWORTH, Judge.

Appellant seeks review of the denial of his Fla.R.Crim.P. 3.850 motion for post-conviction relief. The motion was filed in the lower court during the penden-cy of appellant’s direct appeal; in such circumstances the lower court is without jurisdiction to grant post-conviction relief and such a motion is therefore properly denied. See Hurst v. State, 379 So.2d 434 (Fla. 1st DCA 1980). Should appellant desire to pursue such relief during the pend-ency of a direct appeal a request may be filed in the appellate court to temporarily relinquish jurisdiction for the lower court to consider a Rule 3.850 motion.

The order appealed is affirmed without prejudice to appellant’s ability to present the issues raised in a proper Fla.R.Crim.P. 3.850 motion.

SHIVERS and NIMMONS, JJ., concur.

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WENTWORTH, Judge.

Appellant seeks review of the denial of his Fla.R.Crim.P. 3.850 motion for post-conviction relief. The motion was filed in the lower court during the penden-cy of appellant’s direct appeal; in such circumstances the lower court is without jurisdiction to grant post-conviction relief and such a motion is therefore properly denied. See Hurst v. State, 379 So.2d 434 (Fla. 1st DCA 1980). Should appellant desire to pursue such relief during the pend-ency of a direct appeal a request may be filed in the appellate court to temporarily relinquish jurisdiction for the lower court to consider a Rule 3.850 motion.

The order appealed is affirmed without prejudice to appellant’s ability to present the issues raised in a proper Fla.R.Crim.P. 3.850 motion.

SHIVERS and NIMMONS, JJ., concur.

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Bluebook (online)

459 So. 2d 430, 9 Fla. L. Weekly 2413, 1984 Fla. App. LEXIS 16600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrin-v-state-fladistctapp-1984.

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