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696 So. 2d 1318

Docket No. 97-2125.

Waldron v. State

Arlie WALDRON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1997-07-21

Cited by 3 later decisions — most recently February 1999

3 state decisions

Key passage — most relied on by later courts

“trial court has jurisdiction to consider a 3.800(a) motion while direct appeal is pending”

quoted by 1 later decision, including 723 So. 2d 363 - Mills v. State

Relies on Interamerican Car Rental, Inc. v. Estate of McCloud ex rel. Lane · McClendon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-07-21

View the full empirical analysis of this case →

¶1Arlie Waldron, pro se.

¶2Robert Butterworth, Attorney General, Tallahassee for Appellee.

¶3PER CURIAM.

¶4The appellant challenges an order by which his motion to correct an illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a), was dismissed on grounds of lack of jurisdiction because his direct appeal was still pending. The motion was filed on April 17, 1997, and denied on May 7, 1997. Because the trial court did have jurisdiction, we reverse and remand.

¶5Effective January 1, 1997, Florida Rule of Appellate Procedure 9.600(d), was amended. That rule now makes clear that the trial court has jurisdiction to consider a 3.800(a) motion while a direct appeal is pending. The rule also provides that if the trial court grants relief while such appeal is pending, *1319 the movant shall file in the appellate court, within ten days, a copy of the trial court's order thereon. Accordingly, we reverse and remand for the trial court to appropriately consider appellant's motion.[1]See McClendon v. State,679 So.2d 1255 (Fla. 1st DCA 1996); Baldwin v. State,679 So.2d 1193 (Fla. 1st DCA 1996).

¶6REVERSED and REMANDED for consistent proceedings.

¶7WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

NOTES

¶8[1] We express no opinion about the merits of appellant's motion.

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