Hartley v. State

927 So.2d 1030 (2006)

Drew C. HARTLEY, Appellant,

v.

STATE of Florida, Appellee.

No. 2D05-2137.

District Court of Appeal of Florida, Second District.

May 5, 2006.

KELLY, Judge.

Drew C. Hartley challenges the dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court dismissed Hartley's rule 3.850 motion because Hartley has a direct appeal pending in case number 2D03-4825. While the general rule states that a trial court lacks jurisdiction to rule on a postconviction motion when a direct appeal is pending, if the…