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Florida District Courts of Appeal, 1983

Bryant v. State

Bryant v. State
Florida District Courts of Appeal · Decided December 1, 1983 · Cobb, Orfinger, Sharp
442 So. 2d 309; 1983 Fla. App. LEXIS 24334 (Southern Reporter, Second Series)

Bryant v. State

Opinion of the Court

COBB, Judge.

The lower court’s order denying petitioner’s 3.850 motion is affirmed. This affirmance is not based upon a consideration of the merits of Bryant’s motion, but solely upon the lower court’s lack of jurisdiction to consider the collateral relief motion while an appeal from Bryant’s conviction is pending in this court. Harpham v. State, 415 So.2d 863 (Fla. 5th DCA 1982); Fick v. State, 388 So.2d 1352 (Fla. 5th DCA 1980).

ORFINGER, C.J., and SHARP, J., concur.

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