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657 So. 2d 50

Curry v. State

District Court of Appeal of Florida · decided 1995-06-28

Cited by 2 later decisions — most recently September 1996

2 state decisions

Relies on Easterling v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-28

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PER CURIAM.

¶1John F. Curry, Jr., appeals the dismissal of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The trial court dismissed the motion, holding that it lacked jurisdiction because Curry’s direct appeal was pending. While a direct appeal is pending, a trial court has concurrent jurisdiction to correct an illegal sentence. See Easterling v. State, 596 So.2d 103 (Fla. 2d DCA 1992).

¶2Accordingly, we reverse the dismissal of Curry’s motion and remand for the trial court to consider the merits.

THREADGILL, A.C.J., and BLUE and WHATLEY, JJ., concur.
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