Florida District Courts of Appeal, 2017

Baldino v. State

Baldino v. State
Florida District Courts of Appeal · Decided August 2, 2017 · Gerber, Klingensmith, Warner
225 So. 3d 280; 2017 Fla. App. LEXIS 11218; 2017 WL 3279137 (Southern Reporter, Third Series)

Baldino v. State

Opinion of the Court

Per Curiam.

In this appeal of a trial court order denying appellant’s motion to correct ille*281gal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), we conclude that the trial court lacked jurisdiction to rule because appellant’s direct appeal was also pending in this Court. Therefore, we reverse and remand to the trial court to dismiss the motion without prejudice to appellant’s right to refile it after final disposition of the direct appeal. See Everett v. State, 993 So.2d 1116 (Fla. 4th DCA 2008); Major v. State, 882 So.2d 1058 (Fla. 4th DCA 2004); Campbell-Eley v. State, 763 So.2d 539 (Fla. 4th DCA), rev. denied, 789 So.2d 348 (Fla. 2000),

Gerber, C.J., Warner and Klingensmith, JJ., concur.

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