Bunkley v. State

800 So.2d 663 (2001)

Emmitt Eugene BUNKLEY, Appellant,

v.

STATE of Florida, Appellee.

No. 2D01-2677.

District Court of Appeal of Florida, Second District.

November 7, 2001.

NORTHCUTT, Judge.

Emmitt Eugene Bunkley appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Bunkley's direct appeal is currently pending; therefore, the trial court was without jurisdiction to rule on Bunkley's motion for postconviction relief. See Daniels v. State, 712 So.2d 765 (Fla.1998). A prematurely filed motion for postconviction relief should be…