Florida District Courts of Appeal, 1982

Tillman v. State

Florida District Courts of Appeal · Decided September 28, 1982 · Barkdull, Jorgenson, Schwartz

419 So. 2d 804; 1982 Fla. App. LEXIS 21271 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The contentions properly reviewable on these direct appeals are without merit. Fla.R.Crim.P. 3.191(d)(3); State v. Tait, 387 So.2d 338 (Fla. 1980); McNamara v. State, *805357 So.2d 410 (Fla. 1978). Hence, the convictions are affirmed, without prejudice, however, to the subsequent consideration of a Fla.R.Crim.P. 3.850 motion based upon alleged ineffective assistance of trial counsel or any other appropriate ground.1

. Since the trial court was without jurisdiction to consider a 3.850 motion while these appeals were pending, State v. Meneses, 392 So.2d 905 (Fla. 1980), any ruling on such a motion which may have already been made provides no impediment to an initial determination of the merits.

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