Duenas v. State

District Court of Appeal of Florida

Duenas v. State

576 So. 2d 433

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1991

DocketNo. 91-00427

StatusPublished

This text of 576 So. 2d 433 (Duenas 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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Duenas v. State, 576 So. 2d 433 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Roy Dueñas appeals the dismissal of his motion for postconviction relief. We affirm. The trial court correctly determined that it was without jurisdiction to consider the motion, because a direct appeal from Duenas’s judgment and sentence was pending at the time the motion was received. Marshall v. State, 481 So.2d 973 (Fla. 2d DCA 1986). Since Dueñas subsequently dismissed his direct appeal, our decision is without prejudice to Dueñas to refile his motion.

Affirmed.

LEHAN, A.C.J., and HALL and THREADGILL, JJ., concur.

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PER CURIAM.

Roy Dueñas appeals the dismissal of his motion for postconviction relief. We affirm. The trial court correctly determined that it was without jurisdiction to consider the motion, because a direct appeal from Duenas’s judgment and sentence was pending at the time the motion was received. Marshall v. State, 481 So.2d 973 (Fla. 2d DCA 1986). Since Dueñas subsequently dismissed his direct appeal, our decision is without prejudice to Dueñas to refile his motion.

Affirmed.

LEHAN, A.C.J., and HALL and THREADGILL, JJ., concur.

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576 So. 2d 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duenas-v-state-fladistctapp-1991.

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