Florida District Courts of Appeal, 2015

Vandornick v. State

Vandornick v. State
Florida District Courts of Appeal · Decided October 9, 2015 · Morris, Silberman, Black
175 So. 3d 944; 2015 Fla. App. LEXIS 15040; 2015 WL 5918958 (Southern Reporter, Third Series)

Vandornick v. State

Opinion

MORRIS, Judge.

We affirm the order dismissing William John Vandornick’s motion filed under Florida Rule of Criminal Procedure 3.850 without prejudice to his timely refiling his motion now that the direct appeal of his judgment and sentence has concluded. See Daniels v. State, 712 So.2d 765, 765 (Fla. 1998) (holding that during the pen-dency of a direct appeal, a trial court is without jurisdiction to rule on a postcon-viction motion).

SILBERMAN and BLACK, JJ., Concur.

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