Florida District Courts of Appeal, 2015

Mediate v. State

Mediate v. State
Florida District Courts of Appeal · Decided February 6, 2015 · Lawson, Palmer, Torpy
157 So. 3d 434; 2015 Fla. App. LEXIS 1614; 2015 WL 477562 (Southern Reporter, Third Series)

Mediate v. State

Opinion of the Court

PER CURIAM.

Marc Mediate appeals the trial court’s September 9, 2014 and September 12, 2014 orders denying his motion to correct illegal sentence. Inasmuch as Mediate filed his motion to correct illegal sentence during the pendency of his direct appeal, we find the trial court lacked jurisdiction to rule on his motion. See Fla. R. App. P. 3.800(a). We reverse the trial court’s September 9, 2014 and September 12, 2014 orders denying Mediate’s motion to correct illegal sentence and remand with directions to dismiss the motion for lack of jurisdiction. See Walters v. State, 114 So.3d 205 (Fla. 5th DCA 2012). Mediate may refile his motion to correct illegal sentence after the resolution of his direct appeal.

REVERSED and REMANDED.

TORPY, C.J., PALMER and LAWSON, JJ., concur.

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