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475 So. 2d 734

475 So.2d 734

10 Fla.L.Weekly 2145

Knight v. State

District Court of Appeal of Florida

Decided September 17, 1985

District Court of Appeal of Florida · decided 1985-09-17

Relies on 434 So. 2d 883 - Florida Bar · 400 So. 2d 456 - State v. Woods

Decided 1985-09-17

WIGGINTON, Judge.

¶1Knight appeals the circuit court’s denial of his petition for writ of error coram no-bis. In its order, the court recognized that Knight had taken a plenary appeal wherein we affirmed his judgment and corrected sentence. Knight v. State, 434 So.2d 891 (Fla. 1st DCA 1983). In light of our affirmance, the circuit court did not have jurisdiction to entertain Knight’s petition until permission to seek such relief was first obtained from this Court. State v. Woods, 400 So.2d 456 (Fla.1981). Since permission was not sought, the circuit court’s order denying relief, apparently on the petition’s merits, was entered prematurely. Consequently, we affirm the order denying the petition but solely on the basis that it was entered without the court’s having jurisdiction of the cause.

¶2AFFIRMED.

SHIVERS and WENTWORTH, JJ., concur.
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