Curry v. State
657 So. 2d 50, 1995 Fla. App. LEXIS 7001, 1995 WL 382644
District Court of Appeal of Florida·Decided June 28, 1995·No. No. 95-01361·Published·Cited by 2 cases
Opinion
John F. Curry, Jr., appeals the dismissal of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The trial court dismissed the motion, holding that it lacked jurisdiction because Curry’s direct appeal was pending. While a direct appeal is pending, a trial court has concurrent jurisdiction to correct an illegal sentence. See Easterling v. State, 596 So.2d 103 (Fla. 2d DCA 1992).
Accordingly, we reverse the dismissal of Curry’s motion and remand for the trial court to consider the merits.
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Curry v. State, 657 So. 2d 50, 1995 Fla. App. LEXIS 7001, 1995 WL 382644 (Fla. Ct. App. 1995).
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