Legal Opinion

Daniels v. State

District Court of Appeal of Florida

Decided July 11, 1997No. 97-900PublishedCited by 2 opinions

1Per curiam

The trial court lacked jurisdiction to consider appellant’s motion for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 during the pendency of appellant’s direct appeal of the order revoking his community control. Bryan v. State, 470 So.2d 864 (Fla. 2d DCA 1985); Grizzell v. State, 187 So.2d 342 (Fla. 1st DCA 1966); see State v. Meneses, 392 So.2d 905 (Fla.1981). Accordingly, we affirm the denial of appellant’s motion for postconviction relief on this ground. See Robinson v. State, 393 So.2d 33, 35 (Fla. 1st DCA 1981) (stating that if trial court’s order is…

2Cases cited4 opinions

  1. State v. MenesesSupreme Court of Florida · 1981
  2. Robinson v. StateDistrict Court of Appeal of Florida · 1981
  3. Bryan v. StateDistrict Court of Appeal of Florida · 1985
  4. Grizzell v. StateDistrict Court of Appeal of Florida · 1966

3Cited by2 opinions

  1. Daniels v. StateSupreme Court of Florida · 1998
  2. Mitchell v. StateDistrict Court of Appeal of Florida · 1997

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