Florida District Courts of Appeal, 1995

Curry v. State

Florida District Courts of Appeal · Decided June 28, 1995 · Blue, Threadgill, Whatley

657 So. 2d 50; 1995 Fla. App. LEXIS 7001; 1995 WL 382644 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Carter v. State (Fla. Dist. Ct. App. 1996)
State v. Morales (Fla. Dist. Ct. App. 1996)

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.

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.

THREADGILL, A.C.J., and BLUE and WHATLEY, JJ., concur.

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