Sumpter v. State

District Court of Appeal of Florida

Sumpter v. State

523 So. 2d 806, 13 Fla. L. Weekly 1013, 1988 Fla. App. LEXIS 1658, 1988 WL 36942

CourtDistrict Court of Appeal of Florida

DecidedApril 26, 1988

DocketNo. 87-3060

StatusPublished

Cited by1 cases

This text of 523 So. 2d 806 (Sumpter 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.

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Sumpter v. State, 523 So. 2d 806, 13 Fla. L. Weekly 1013, 1988 Fla. App. LEXIS 1658, 1988 WL 36942 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

Appellant’s motion for post-conviction relief, Fla.R.Crim.P. 3.850, was filed while his appeal to this court (No. 87-1969) was pending and without jurisdiction having been relinquished to the trial court to consider the motion. We affirm the denial of the motion upon a holding that the trial court was without jurisdiction to consider it. State v. Meneses, 392 So.2d 905 (Fla. 1981); Bryan v. State, 470 So.2d 864 (Fla. 2d DCA 1985); Marshall v. State, 428 So.2d 291 (Fla. 3d DCA 1983). Our affirmance is without prejudice to appellant’s right to file such motion after disposition of his pending appeal and the return of jurisdiction to the trial court.

Affirmed.

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PER CURIAM.

Appellant’s motion for post-conviction relief, Fla.R.Crim.P. 3.850, was filed while his appeal to this court (No. 87-1969) was pending and without jurisdiction having been relinquished to the trial court to consider the motion. We affirm the denial of the motion upon a holding that the trial court was without jurisdiction to consider it. State v. Meneses, 392 So.2d 905 (Fla. 1981); Bryan v. State, 470 So.2d 864 (Fla. 2d DCA 1985); Marshall v. State, 428 So.2d 291 (Fla. 3d DCA 1983). Our affirmance is without prejudice to appellant’s right to file such motion after disposition of his pending appeal and the return of jurisdiction to the trial court.

Affirmed.

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523 So. 2d 806, 13 Fla. L. Weekly 1013, 1988 Fla. App. LEXIS 1658, 1988 WL 36942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sumpter-v-state-fladistctapp-1988.

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