Florida District Courts of Appeal, 2005

Maglio v. State

Maglio v. State
Florida District Courts of Appeal · Decided February 23, 2005 · Gunther, Klein, Stevenson
895 So. 2d 1193; 2005 Fla. App. LEXIS 2016; 2005 WL 415971 (Southern Reporter, Second Series)

Maglio v. State

Opinion of the Court

PER CURIAM.

Daniel Maglio has appealed a trial court order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the trial court’s order for the reason that it lacked jurisdiction to enter it while Maglio’s direct appeal of his conviction and sentence was pending. We remand to the trial court for it to stay further proceedings on the motion until the appeal is resolved, as we view this as the better practice in these circumstances. See Perez v. State, 834 So.2d 882 (Fla. 4th DCA 2002).

GUNTHER, KLEIN and STEVENSON, JJ., concur.

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