O'Bryant v. State
O'Bryant v. State
988 So. 2d 1284; 2008 Fla. App. LEXIS 12897; 2008 WL 3978690
(Southern Reporter, Second Series)
O'Bryant v. State
Opinion of the Court
Appellant seeks review of the trial court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because appellant’s direct appeal of his judgment and sentence was pending at the time of the filing of his motion, the trial court lacked jurisdiction to entertain appellant’s motion. See Burch v. State, 721 So.2d 1198 (Fla. 1st DCA 1998). Accordingly, we quash the order of denial.
ORDER QUASHED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.