Johnson v. State

657 So.2d 11 (1995)

Preston JOHNSON, Jr., Appellant,

v.

STATE of Florida, Appellee.

No. 95-01344.

District Court of Appeal of Florida, Second District.

May 12, 1995.

Preston Johnson, Jr., appeals an order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court correctly denied the motion because Mr. Johnson's direct appeal was pending when he filed the motion and when the trial court entered its order. Libby v. State, 520 So.2d 322 (Fla. 2d DCA 1988). The judgment and sentence, entered on a plea of nolo contendere, were…