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157 So. 3d 434

Mediate v. State

District Court of Appeal of Florida

Decided February 6, 2015

District Court of Appeal of Florida · decided 2015-02-06

Relies on Johnson v. State

Decided 2015-02-06

PER CURIAM.

¶1Marc 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.

¶2REVERSED and REMANDED.

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