Brown v. State

District Court of Appeal of Florida

Decided April 11, 2012

District Court of Appeal of Florida · decided 2012-04-11

Cited by 1 later decisions — most recently September 2012

1 state decisions

Relies on Daniels v. State

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Decided 2012-04-11

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PER CURIAM.

¶1Miakkar L. Brown appeals the summary denial of his rule 3.850 motion for postconviction relief. We vacate the order because an appeal of Brown’s original conviction was pending when the trial court entered the order of denial.1 The state concedes that the trial court loses jurisdiction to rule on a motion for postconviction relief during the pendency of the defendant’s direct appeal. See Daniels v. State, 712 So.2d 765, 765 (Fla.1998). Once jurisdiction is returned to the trial court upon the issuance of the mandate in the direct appeal (Case No. 4D10-1566), the trial court will be authorized to rule on the postconviction motion.

¶2Order vacated.

MAY, C.J., WARNER and TAYLOR, JJ., concur.

¶3. The pending appeal resulted from our granting of Brown’s petition alleging ineffective assistance of appellate counsel in his original direct appeal.