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Maglio v. State

895 So. 2d 1193, 2005 Fla. App. LEXIS 2016, 2005 WL 415971
CourtDistrict Court of Appeal of Florida
DecidedFebruary 23, 2005
DocketNo. 4D05-393
StatusPublished

This text of 895 So. 2d 1193 (Maglio 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.

Bluebook
Maglio v. State, 895 So. 2d 1193, 2005 Fla. App. LEXIS 2016, 2005 WL 415971 (Fla. Ct. App. 2005).

Opinion

PER CURIAM.

Daniel Maglio has appealed a trial court order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the trial court’s order for the reason that it lacked jurisdiction to enter it while Maglio’s direct appeal of his conviction and sentence was pending. We remand to the trial court for it to stay further proceedings on the motion until the appeal is resolved, as we view this as the better practice in these circumstances. See Perez v. State, 834 So.2d 882 (Fla. 4th DCA 2002).

GUNTHER, KLEIN and STEVENSON, JJ., concur.

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Related

Perez v. State
834 So. 2d 882 (District Court of Appeal of Florida, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
895 So. 2d 1193, 2005 Fla. App. LEXIS 2016, 2005 WL 415971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maglio-v-state-fladistctapp-2005.