Allen v. State

Earl Allen appeals the summary denial of his motion for postconviction relief. We affirm in part and reverse in part.

The motion was denied because the trial court believed a direct appeal was pending and therefore that it had no jurisdiction to consider the motion. See Marshall v. State, 481 So.2d 973 (Fla. 2d DCA 1986). However, Allen had appealed directly from the denial of his pretrial motion for speedy trial discharge. This court treated the appeal as a petition for writ of prohibition on the authority of Sherrod v. Franza, 427 So.2d 161 (Fla.1983), and denied relief. Allen’s decision to…