Everett v. State

District Court of Appeal of Florida

Everett v. State

993 So. 2d 1116, 2008 Fla. App. LEXIS 15399, 2008 WL 4489277

District Court of Appeal of Florida·Decided October 8, 2008·No. No. 4D08-2702·Published·Cited by 2 cases

Opinion

PER CURIAM.

The order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion is reversed and remanded with instructions to enter an order dismissing the motion. Campbell-Eley v. State, 763 So.2d 539 (Fla. 4th DCA 2000).

On the same day he filed this motion, Appellant filed a notice of appeal from the revocation of his probation and sentence. The trial court lacked jurisdiction to con[1117]*1117sider a rule 3.800(a) motion while an appeal of the sentence was pending. Id. See also Major v. State, 882 So.2d 1058 (Fla. 4th DCA 2004); Martin v. State, 800 So.2d 363 (Fla. 4th DCA 2001).

WARNER, TAYLOR and DAMOORGIAN, JJ., concur.

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PER CURIAM.

The order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion is reversed and remanded with instructions to enter an order dismissing the motion. Campbell-Eley v. State, 763 So.2d 539 (Fla. 4th DCA 2000).

On the same day he filed this motion, Appellant filed a notice of appeal from the revocation of his probation and sentence. The trial court lacked jurisdiction to con[1117]*1117sider a rule 3.800(a) motion while an appeal of the sentence was pending. Id. See also Major v. State, 882 So.2d 1058 (Fla. 4th DCA 2004); Martin v. State, 800 So.2d 363 (Fla. 4th DCA 2001).

WARNER, TAYLOR and DAMOORGIAN, JJ., concur.

Everett v. State, 993 So. 2d 1116, 2008 Fla. App. LEXIS 15399, 2008 WL 4489277 (Fla. Ct. App. 2008).

Pincite

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Opinion

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