Legal Opinion

Vandornick v. State

District Court of Appeal of Florida

Decided October 9, 2015No. 2D15-1254PublishedCited by 1 opinion

1Opinion of the Court

MORRIS, Judge.

We affirm the order dismissing William John Vandornick’s motion filed under Florida Rule of Criminal Procedure 3.850 without prejudice to his timely refiling his motion now that the direct appeal of his judgment and sentence has concluded. See Daniels v. State, 712 So.2d 765, 765 (Fla.1998) (holding that during the pen-dency of a direct appeal, a trial court is without jurisdiction to rule on a postcon-viction motion).

SILBERMAN and BLACK, JJ., Concur.

2Cases cited1 opinion

  1. Daniels v. StateSupreme Court of Florida · 1998

3Cited by1 opinion

  1. VICTOR ORTIZ LOPEZ v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019