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470 So. 2d 864

470 So.2d 864

10 Fla.L.Weekly 1464

Docket No. 84-1974.

Bryan v. State

Therin Daniel BRYAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1985-06-14

Cited by 11 later decisions — most recently July 1997

11 state decisions

Relies on Anders v. California · 392 So. 2d 905 - State v. Meneses

Good law ✅— No negative treatment on recordhow we know

Decided 1985-06-14

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¶1*865 James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.

¶3RYDER, Chief Judge.

¶4Therin Daniel Bryan appeals his sentence and conviction for escape from a state prison work release center. Bryan pleaded guilty and was sentenced in accordance with his plea bargain. The public defender has filed a brief on Bryan's behalf pursuant to Anders v. California,386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Bryan has filed no supplemental brief.

¶5Appellant asserts that the trial court erred in sentencing him. We agree that there is no merit to this point. We affirm appellant's conviction and sentence.

¶6Appellant also asserts that the trial court erred in summarily denying his motion for postconviction relief. Appellant filed his motion for postconviction relief after he filed the notice appealing his conviction and sentence. A trial court lacks jurisdiction to consider a motion under Florida Rule of Criminal Procedure 3.850 while an appeal is pending in an appellate court unless the appellate court relinquishes jurisdiction to the trial court for that purpose. State v. Meneses,392 So.2d 905 (Fla. 1981). There was no relinquishment of jurisdiction in this case. Accordingly, the trial court's order denying appellant's motion was void, and we may not review it.

¶7Affirmed.

¶8OTT and FRANK, JJ., concur.

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