Legal Opinion

Ross v. State

District Court of Appeal of Florida

Decided April 14, 2004No. 4D04-1087Published

1Opinion of the Court

869 So.2d 770 (2004)

Samuel ROSS, Appellant,

v.

STATE of Florida, Appellee.

No. 4D04-1087.

District Court of Appeal of Florida, Fourth District.

April 14, 2004.

Samuel Ross, Jasper, pro se.

No appearance required for appellee.

2Per curiam

Samuel Ross appeals an order entered January 9, 2004, summarily denying his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court was without jurisdiction to rule on this motion because Ross's direct appeal is still pending before this court, filed through counsel on October 2, 2003. See Cazeau v. State, 858 So.2d 1213…

3Cases cited3 opinions

  1. Daniels v. StateSupreme Court of Florida · 1998
  2. Gruss v. StateDistrict Court of Appeal of Florida · 2004
  3. Cazeau v. StateDistrict Court of Appeal of Florida · 2003

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