Curry v. State
Curry v. State
657 So. 2d 50; 1995 Fla. App. LEXIS 7001; 1995 WL 382644
(Southern Reporter, Second Series)
Curry v. State
Opinion of the Court
John F. Curry, Jr., appeals the dismissal of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The trial court dismissed the motion, holding that it lacked jurisdiction because Curry’s direct appeal was pending. While a direct appeal is pending, a trial court has concurrent jurisdiction to correct an illegal sentence. See Easterling v. State, 596 So.2d 103 (Fla. 2d DCA 1992).
Accordingly, we reverse the dismissal of Curry’s motion and remand for the trial court to consider the merits.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.