Florida District Courts of Appeal, 1990

Hayes v. State

Florida District Courts of Appeal · Decided September 21, 1990 · Campbell, Hall, Schoonover

566 So. 2d 945; 1990 Fla. App. LEXIS 7148; 1990 WL 135831 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Vara v. State (Fla. Dist. Ct. App. 1994)
Kit v. State (Fla. Dist. Ct. App. 1995)
Huff v. State (Fla. Dist. Ct. App. 1990)

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.

Talmadge Hayes filed a motion for post-conviction relief while his direct appeal to this court was pending and without jurisdiction having been relinquished to the trial court to consider the motion. We affirm the denial of the motion because 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). Our affirmance is without prejudice to Hayes’ right to file a sufficient motion after disposition of his pending appeal, and the return of jurisdiction to the trial court.

SCHOONOVER, C.J., and CAMPBELL and HALL, JJ., concur.

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