Vandornick v. State

District Court of Appeal of Florida

Vandornick v. State

175 So. 3d 944, 2015 Fla. App. LEXIS 15040, 2015 WL 5918958

District Court of Appeal of Florida·Decided October 9, 2015·No. 2D15-1254·Published·Cited by 1 cases

Opinion

MORRIS, Judge.

We affirm the order dismissing William John Vandornick’s motion filed under Florida Rule of Criminal Procedure 3.850 without prejudice to his timely refiling his motion now that the direct appeal of his judgment and sentence has concluded. See Daniels v. State, 712 So.2d 765, 765 (Fla.1998) (holding that during the pen-dency of a direct appeal, a trial court is without jurisdiction to rule on a postcon-viction motion).

SILBERMAN and BLACK, JJ., Concur.

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MORRIS, Judge.

We affirm the order dismissing William John Vandornick’s motion filed under Florida Rule of Criminal Procedure 3.850 without prejudice to his timely refiling his motion now that the direct appeal of his judgment and sentence has concluded. See Daniels v. State, 712 So.2d 765, 765 (Fla.1998) (holding that during the pen-dency of a direct appeal, a trial court is without jurisdiction to rule on a postcon-viction motion).

SILBERMAN and BLACK, JJ., Concur.

Vandornick v. State, 175 So. 3d 944, 2015 Fla. App. LEXIS 15040, 2015 WL 5918958 (Fla. Ct. App. 2015).

Pincite

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Opinion

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