Florida District Courts of Appeal, 1988

Sumpter v. State

Florida District Courts of Appeal · Decided April 26, 1988 · No. 87-3060 · Hendry, Hubbart, Jorgenson

523 So. 2d 806; 13 Fla. L. Weekly 1013; 1988 Fla. App. LEXIS 1658; 1988 WL 36942 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Campbell v. State (Fla. Dist. Ct. App. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant’s motion for post-conviction relief, Fla.R.Crim.P. 3.850, was filed while his appeal to this court (No. 87-1969) was pending and without jurisdiction having been relinquished to the trial court to consider the motion. We affirm the denial of the motion upon a holding that the trial court was without jurisdiction to consider it. State v. Meneses, 392 So.2d 905 (Fla. 1981); Bryan v. State, 470 So.2d 864 (Fla. 2d DCA 1985); Marshall v. State, 428 So.2d 291 (Fla. 3d DCA 1983). Our affirmance is without prejudice to appellant’s right to file such motion after disposition of his pending appeal and the return of jurisdiction to the trial court.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.