Hogarth v. State

970 So.2d 880 (2007)

Keith Errol HOGARTH, Appellant,

v.

STATE of Florida, Appellee.

No. 1D06-6427.

District Court of Appeal of Florida, First District.

December 17, 2007.

Keith Errol Hogarth, pro se, Appellant.

Bill McCollum, Attorney General, Giselle Lylen Rivera and Elizabeth F. Duffy, Assistant Attorneys General, Tallahassee, for Appellee.

The appellant challenges the trial court's order denying his petition for writ of habeas corpus which was treated as a rule 3.850 motion. Because the trial court's order was issued while the appellant's direct appeal of judgment and sentence was pending, we…