Florida District Courts of Appeal, 2008

Everett v. State

Florida District Courts of Appeal · Decided October 8, 2008 · Damoorgian, Taylor, Warner

993 So. 2d 1116; 2008 Fla. App. LEXIS 15399; 2008 WL 4489277 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

JOSEPH D. BALDINO v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2017)
Baldino v. State (Fla. Dist. Ct. App. 2017)

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.

The order denying appellant’s Florida Rule of Criminal Procedure 3.800(a) motion is reversed and remanded with instructions to enter an order dismissing the motion. Campbell-Eley v. State, 763 So.2d 539 (Fla. 4th DCA 2000).

On the same day he filed this motion, Appellant filed a notice of appeal from the revocation of his probation and sentence. The trial court lacked jurisdiction to con*1117sider a rule 3.800(a) motion while an appeal of the sentence was pending. Id. See also Major v. State, 882 So.2d 1058 (Fla. 4th DCA 2004); Martin v. State, 800 So.2d 363 (Fla. 4th DCA 2001).

WARNER, TAYLOR and DAMOORGIAN, JJ., concur.

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