Mediate v. State

District Court of Appeal of Florida

Mediate v. State

157 So. 3d 434, 2015 Fla. App. LEXIS 1614, 2015 WL 477562

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 2015

DocketNo. 5D14-3388

StatusPublished

This text of 157 So. 3d 434 (Mediate 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

Mediate v. State, 157 So. 3d 434, 2015 Fla. App. LEXIS 1614, 2015 WL 477562 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Marc Mediate appeals the trial court’s September 9, 2014 and September 12, 2014 orders denying his motion to correct illegal sentence. Inasmuch as Mediate filed his motion to correct illegal sentence during the pendency of his direct appeal, we find the trial court lacked jurisdiction to rule on his motion. See Fla. R. App. P. 3.800(a). We reverse the trial court’s September 9, 2014 and September 12, 2014 orders denying Mediate’s motion to correct illegal sentence and remand with directions to dismiss the motion for lack of jurisdiction. See Walters v. State, 114 So.3d 205 (Fla. 5th DCA 2012). Mediate may refile his motion to correct illegal sentence after the resolution of his direct appeal.

REVERSED and REMANDED.

TORPY, C.J., PALMER and LAWSON, JJ., concur.

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PER CURIAM.

Marc Mediate appeals the trial court’s September 9, 2014 and September 12, 2014 orders denying his motion to correct illegal sentence. Inasmuch as Mediate filed his motion to correct illegal sentence during the pendency of his direct appeal, we find the trial court lacked jurisdiction to rule on his motion. See Fla. R. App. P. 3.800(a). We reverse the trial court’s September 9, 2014 and September 12, 2014 orders denying Mediate’s motion to correct illegal sentence and remand with directions to dismiss the motion for lack of jurisdiction. See Walters v. State, 114 So.3d 205 (Fla. 5th DCA 2012). Mediate may refile his motion to correct illegal sentence after the resolution of his direct appeal.

REVERSED and REMANDED.

TORPY, C.J., PALMER and LAWSON, JJ., concur.

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Bluebook (online)

157 So. 3d 434, 2015 Fla. App. LEXIS 1614, 2015 WL 477562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mediate-v-state-fladistctapp-2015.

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