Vara v. State

District Court of Appeal of Florida

Vara v. State

641 So. 2d 895, 1994 Fla. App. LEXIS 5303, 1994 WL 236201

District Court of Appeal of Florida·Decided June 1, 1994·No. No. 94-01564·Published

Opinion

PER CURIAM.

Genaro Vara appeals two orders denying him relief as to posteonviction issues raised under Florida Rule of Criminal Procedure 3.850. We affirm because the record reflects that at the time the trial court rendered its orders, Mr. Vara had a belated appeal pending before this court, and there was not a relinquishment of jurisdiction to the trial court to consider these matters. Hayes v. State, 566 So.2d 945 (Fla. 2d DCA 1990). As in Hayes, however, our affirmance is without prejudice to Mr. Vara properly invoking rule 3.850 after his belated appeal has concluded and jurisdiction has again vested in the trial court.

HALL, A.C.J., and THREADGILL and BLUE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Genaro Vara appeals two orders denying him relief as to posteonviction issues raised under Florida Rule of Criminal Procedure 3.850. We affirm because the record reflects that at the time the trial court rendered its orders, Mr. Vara had a belated appeal pending before this court, and there was not a relinquishment of jurisdiction to the trial court to consider these matters. Hayes v. State, 566 So.2d 945 (Fla. 2d DCA 1990). As in Hayes, however, our affirmance is without prejudice to Mr. Vara properly invoking rule 3.850 after his belated appeal has concluded and jurisdiction has again vested in the trial court.

HALL, A.C.J., and THREADGILL and BLUE, JJ., concur.

Vara v. State, 641 So. 2d 895, 1994 Fla. App. LEXIS 5303, 1994 WL 236201 (Fla. Ct. App. 1994).

Pincite

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

Opinion

Related