Owens v. State
911 So. 2d 1277, 2005 Fla. App. LEXIS 15787, 2005 WL 2438874
District Court of Appeal of Florida·Decided October 5, 2005·No. No. 4D05-3611·Published·Cited by 2 cases
Opinion
We vacate the July 20, 2005 order denying appellant’s 3.850 motion. The better practice when a 3.850 motion is filed while a direct appeal is pending, and the trial court lacks jurisdiction to hear the motion, is to stay proceedings on the motion until resolution of the pending appeal. See Perez v. State, 834 So.2d 882 (Fla. 4th DCA 2002). Accordingly, this case is remanded for further proceedings.
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Owens v. State, 911 So. 2d 1277, 2005 Fla. App. LEXIS 15787, 2005 WL 2438874 (Fla. Ct. App. 2005).
911 So. 2d 1277 (Owens v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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