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175 So. 3d 944

Vandornick v. State

District Court of Appeal of Florida

Decided October 9, 2015

District Court of Appeal of Florida · decided 2015-10-09

Relies on Daniels v. State

Decided 2015-10-09

MORRIS, Judge.

¶1 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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