¶1Talmadge Hayes filed a motion for post-conviction relief while his direct appeal to this court was pending and without jurisdiction having been relinquished to the trial court to consider the motion. We affirm the denial of the motion because 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). Our affirmance is without prejudice to Hayes’ right to file a sufficient motion after disposition of his pending appeal, and the return of jurisdiction to the trial court.
566 So. 2d 945
Hayes v. State
District Court of Appeal of Florida
Decided September 21, 1990
District Court of Appeal of Florida · decided 1990-09-21
Cited by 9 later decisions — most recently May 1995
9 state decisions
Relies on 392 So. 2d 905 - State v. Meneses · 470 So. 2d 864 - Bryan v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1990-09-21
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