Merrill v. State

909 So.2d 519 (2005)

Brian MERRILL, Appellant,

v.

STATE of Florida, Appellee.

No. 5D05-2040.

District Court of Appeal of Florida, Fifth District.

August 26, 2005.

Brian Merrill, Raiford, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

Brian Merrill appeals the denial of his post-conviction motion filed pursuant to rule 3.850. The state concedes that Merrill's post-conviction motion was filed and denied while his direct appeal was pending before this court.[1] The state also concedes that the trial…