Legal Opinion

Walls v. State

District Court of Appeal of Florida

Decided August 27, 2003No. 4D03-2259PublishedCited by 1 opinion

1Per curiam

Wanas Walls appeals an order rendered by the circuit court, which summarily denied his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. At the time the trial court ruled on this motion, Walls had a final appeal pending in this court. The circuit court therefore lacked jurisdiction to enter the order. Its order is properly deemed a nullity. See Leonard v. State, 835 So.2d 1210 (Fla. 4th DCA), review denied, 845 So.2d 891 (Fla.2003).

Accordingly, we vacate the circuit court’s order of April 15, 2003. On remand, we direct the circuit court to either…

2Cases cited2 opinions

  1. Perez v. StateDistrict Court of Appeal of Florida · 2002
  2. Leonard v. StateDistrict Court of Appeal of Florida · 2003

3Cited by1 opinion

  1. Hicks v. StateDistrict Court of Appeal of Florida · 2003

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