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Maglio v. State

895 So. 2d 1193, 2005 Fla. App. LEXIS 2016, 2005 WL 415971
Procedural entryThis page is a short order in Maglio v. State. Read the opinion of the Court — 918 So. 2d 369 →
District Court of Appeal of Florida·Decided February 23, 2005·No. No. 4D05-393·Published

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

895 So. 2d 1193 (Maglio v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

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