Florida District Courts of Appeal, 2008

O'Bryant v. State

O'Bryant v. State
Florida District Courts of Appeal · Decided August 29, 2008 · Hawkes, Lewis, Webster
988 So. 2d 1284; 2008 Fla. App. LEXIS 12897; 2008 WL 3978690 (Southern Reporter, Second Series)

O'Bryant v. State

Opinion of the Court

PER CURIAM.

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.

WEBSTER, LEWIS, and HAWKES, JJ., concur.

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