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523 So. 2d 806

523 So.2d 806

13 Fla.L.Weekly 1013

Sumpter v. State

District Court of Appeal of Florida · decided 1988-04-26

Cited by 1 later decisions — most recently June 1989

1 state decisions

Relies on 392 So. 2d 905 - State v. Meneses · 470 So. 2d 864 - Bryan v. State · 428 So. 2d 291 - Amcoa, Inc. v. Lenoir Mirror Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1988-04-26

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PER CURIAM.

¶1Appellant’s motion for post-conviction relief, Fla.R.Crim.P. 3.850, was filed while his appeal to this court (No. 87-1969) was pending and without jurisdiction having been relinquished to the trial court to consider the motion. We affirm the denial of the motion upon a holding that the trial court was without jurisdiction to consider it. State v. Meneses, 392 So.2d 905 (Fla. 1981); Bryan v. State, 470 So.2d 864 (Fla. 2d DCA 1985); Marshall v. State, 428 So.2d 291 (Fla. 3d DCA 1983). Our affirmance is without prejudice to appellant’s right to file such motion after disposition of his pending appeal and the return of jurisdiction to the trial court.

¶2Affirmed.

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