Bunkley v. State
Cases that cite this one
9 later published cases cite this decision.
- KERVIN MORENO MUJICA, SR. v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2024)
- ANTHONY LAMBERSON v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
- ALBERT L. BUCKHALTER v. State of Florida (Fla. Dist. Ct. App. 2015)
- Buckhalter v. State (Fla. Dist. Ct. App. 2015)
- Gore v. State (Fla. Dist. Ct. App. 2011)
- Douglas v. State (Fla. Dist. Ct. App. 2011)
- Sandoval v. State (Fla. Dist. Ct. App. 2006)
- Matthews v. State (Fla. Dist. Ct. App. 2004)
- Moultrie v. State (Fla. Dist. Ct. App. 2002)
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
Emmitt Eugene BUNKLEY, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*664 NORTHCUTT, Judge.
Emmitt Eugene Bunkley appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Bunkley's direct appeal is currently pending; therefore, the trial court was without jurisdiction to rule on Bunkley's motion for postconviction relief. See Daniels v. State, 712 So.2d 765 (Fla. 1998). A prematurely filed motion for postconviction relief should be dismissed by a trial court and may be refiled after the direct appeal is final. Ortiz v. State, 768 So.2d 1177 (Fla. 2d DCA 2000). We, thus, reverse the order of the trial court and remand with instructions to dismiss Bunkley's motion for postconviction relief without prejudice to Bunkley's right to refile after his direct appeal is final.
Reversed and remanded.
THREADGILL, A.C.J., and GREEN, J., Concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.