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993 So. 2d 1116

Everett v. State

District Court of Appeal of Florida

Decided October 8, 2008

District Court of Appeal of Florida · decided 2008-10-08

Cited by 1 later decisions — most recently August 2017

1 state decisions

Relies on Campbell-Eley v. State · Martin v. State · Major v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-10-08

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PER CURIAM.

¶1The order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion is reversed and remanded with instructions to enter an order dismissing the motion. Campbell-Eley v. State, 763 So.2d 539 (Fla. 4th DCA 2000).

¶2On the same day he filed this motion, Appellant filed a notice of appeal from the revocation of his probation and sentence. The trial court lacked jurisdiction to con*1117sider a rule 3.800(a) motion while an appeal of the sentence was pending. Id. See also Major v. State, 882 So.2d 1058 (Fla. 4th DCA 2004); Martin v. State, 800 So.2d 363 (Fla. 4th DCA 2001).

WARNER, TAYLOR and DAMOORGIAN, JJ., concur.
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