Legal Opinion

Antoine v. State

District Court of Appeal of Florida

Decided October 2, 1996No. 96-2876PublishedCited by 1 opinion

1Per curiam

Appellant’s appeal of his judgment and sentence was pending at the time his motion for correction ' of sentence was filed and heard. The trial court was therefore without jurisdiction to entertain the motion. State v. Meneses, 392 So.2d 905 (Fla.1981); Alexander v. State, 600 So.2d 572 (Fla. 2d DCA 1992); Young v. State, 585 So.2d 1184 (Fla. 5th DCA 1991).

We accordingly affirm the trial court’s denial of the motion to correct sentence without prejudice to appellant’s right to file a new motion after the mandate is issued in the direct appeal.

Affirmed.

STONE, SHAHOOD and STEVENSON, JJ., concur.

2Cases cited3 opinions

  1. State v. MenesesSupreme Court of Florida · 1981
  2. Young v. StateDistrict Court of Appeal of Florida · 1991
  3. Alexander v. StateDistrict Court of Appeal of Florida · 1992

3Cited by1 opinion

  1. Henderson v. StateDistrict Court of Appeal of Florida · 1998