Schrader v. State

Lisa SCHRADER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 3, 2004.

District Court of Appeal of Florida · decided 2004-12-03

Cited by 2 later decisions — most recently September 2006

2 state decisions

Relies on Day v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-12-03

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¶1SALCINES, Judge.

¶2Lisa Schrader seeks review of the order denying her motion for jail credit. Because her direct appeal is currently pending *313 in this court, the circuit court did not have jurisdiction to rule on her motion. See Day v. State,770 So.2d 1262 (Fla. 1st DCA 2000) (holding that effective January 13, 2000, a party may not file a Florida Rule of Criminal Procedure 3.800(a) motion during the pendency of a direct appeal). Accordingly, we reverse the order of the circuit court and remand with instructions to dismiss Schrader's motion for jail credit without prejudice for her to refile after her direct appeal is final.

¶3Reversed and remanded.

¶4CANADY and VILLANTI, JJ., concur.