LEVAR REEVES v. THE STATE OF FLORIDA
This text of LEVAR REEVES v. THE STATE OF FLORIDA (LEVAR REEVES v. THE STATE OF FLORIDA) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed August 23, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-960 Lower Tribunal No. F20-14475A ________________
Levar Reeves, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.
Levar Reeves, in proper person.
Ashley Moody, Attorney General, for appellee.
Before FERNANDEZ, HENDON and LOBREE, JJ.
PER CURIAM. Levar Reeves appeals the trial court’s order denying his motion for
post-conviction relief alleging ineffective assistance of trial counsel. At the
time that Reeves filed his motion, his direct appeal was pending before this
court. Because the trial court was without jurisdiction to consider and rule
on Reeves’ post-conviction motion while the direct appeal was pending, we
reverse and remand with instructions to dismiss the post-conviction motion
without prejudice to refile same after this court disposes of the direct appeal.
See Daniels v. State, 712 So. 2d 765 (Fla. 1998).
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