Marshall v. State

Tommy MARSHALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 17, 1986.

District Court of Appeal of Florida · decided 1986-01-17

Relies on 415 So. 2d 863 - Hurst v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-01-17

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Cited by 8 later decisions — most recently November 2013

8 state decisions

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¶1PER CURIAM.

¶2Tommy Marshall appeals the dismissal of his petition for writ of habeas corpus. Having examined the petition, we agree *974 with the trial court that it was properly treated as a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. At the time Marshall submitted his petition, a direct appeal from the same judgment and sentence was pending in this court. Therefore, the trial court correctly ruled that it had no jurisdiction to entertain the petition. Harpham v. State, 415 So.2d 863 (Fla. 5th DCA 1982).

¶3We affirm the dismissal of Marshall's petition without prejudice to Marshall's right to seek post-conviction relief once this court has disposed of his direct appeal.

¶4LEHAN, A.C.J., and FRANK and SANDERLIN, JJ., concur.