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459 So. 2d 430

459 So.2d 430

9 Fla.L.Weekly 2413

Carrin v. State

District Court of Appeal of Florida

Decided November 16, 1984

District Court of Appeal of Florida · decided 1984-11-16

Cited by 2 later decisions — most recently July 1987

2 state decisions

Relies on Hurst v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-11-16

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WENTWORTH, Judge.

¶1Appellant seeks review of the denial of his Fla.R.Crim.P. 3.850 motion for post-conviction relief. The motion was filed in the lower court during the penden-cy of appellant’s direct appeal; in such circumstances the lower court is without jurisdiction to grant post-conviction relief and such a motion is therefore properly denied. See Hurst v. State, 379 So.2d 434 (Fla. 1st DCA 1980). Should appellant desire to pursue such relief during the pend-ency of a direct appeal a request may be filed in the appellate court to temporarily relinquish jurisdiction for the lower court to consider a Rule 3.850 motion.

¶2The order appealed is affirmed without prejudice to appellant’s ability to present the issues raised in a proper Fla.R.Crim.P. 3.850 motion.

SHIVERS and NIMMONS, JJ., concur.
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