Legal Opinion

Carter v. State

District Court of Appeal of Florida

Decided September 27, 1996No. 96-01035PublishedCited by 2 opinions

1Opinion of the Court

EN BANC

2Per curiam

John Anthony Carter appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied the motion, holding that it lacked jurisdiction because Carter’s direct appeal was *604pending. We affirm because Carter s claim is not based on a clerical error. On our own motion, we have considered this case en banc in order to recede from Curry v. State, 657 So.2d 50 (Fla. 2d DCA 1995), review granted, 676 So.2d 412 (Fla.1996), to the extent that it appears to broaden a trial court’s jurisdiction to rule on anything…

3Cases cited2 opinions

  1. Easterling v. StateDistrict Court of Appeal of Florida · 1992
  2. Curry v. StateDistrict Court of Appeal of Florida · 1995

4Cited by2 opinions

  1. Denson v. StateDistrict Court of Appeal of Florida · 1998
  2. Brown v. StateDistrict Court of Appeal of Florida · 1999

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