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680 So. 2d 1070

Antoine v. State

District Court of Appeal of Florida

Decided October 2, 1996

District Court of Appeal of Florida · decided 1996-10-02

Relies on 392 So. 2d 905 - State v. Meneses · Young v. State · State v. Pagan

Decided 1996-10-02

PER CURIAM.

¶1Appellant’s appeal of his judgment and sentence was pending at the time his motion for correction ' of sentence was filed and heard. The trial court was therefore without jurisdiction to entertain the motion. State v. Meneses, 392 So.2d 905 (Fla.1981); Alexander v. State, 600 So.2d 572 (Fla. 2d DCA 1992); Young v. State, 585 So.2d 1184 (Fla. 5th DCA 1991).

¶2We accordingly affirm the trial court’s denial of the motion to correct sentence without prejudice to appellant’s right to file a new motion after the mandate is issued in the direct appeal.

¶3Affirmed.

STONE, SHAHOOD and STEVENSON, JJ., concur.
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