Legal Opinion

Jones v. State

District Court of Appeal of Florida

Decided March 31, 2017No. CASE NO. 1D17-0614Published

1Per curiam

Appellant seeks review of the circuit court’s January 31, 2017, Order Denying Defendant’s Motion to Correct Illegal Sentence. Because appellant’s direct appeal of judgment and sentence is pending, the trial court was without jurisdiction to rule on appellant’s motion. See Buckhalter v. State, 168 So.3d 348 (Fla. 1st DCA 2015).

Accordingly, we quash the order denying appellant’s motion.

WOLF, MAKAR, and M.K. THOMAS, JJ., CONCUR.

2Cases cited1 opinion

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