Legal Opinion

Walters v. State

District Court of Appeal of Florida

Decided October 12, 2012No. 5D12-2354PublishedCited by 1 opinion

1Per curiam

Appellant, Travis Walters, appeals the trial court’s summary denial of his motion to correct illegal sentence filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. Walters also has a direct appeal of his judgment and sentence pending in this court. The issue we must resolve is whether the trial court had jurisdiction to hear the motion. Rule 3.800(a) expressly prohibits the filing of a motion during the pendency of a direct appeal. Therefore, the trial court lacked jurisdiction to rule on the motion because the motion was unauthorized. See Smith v. State, 82 So.3d 1185, 1186…

2Cases cited3 opinions

  1. Daniels v. StateSupreme Court of Florida · 1998
  2. Smith v. StateDistrict Court of Appeal of Florida · 2012
  3. St. Lawrence v. StateDistrict Court of Appeal of Florida · 2001

3Cited by1 opinion

  1. Mediate v. StateDistrict Court of Appeal of Florida · 2015

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