Legal Opinion
Harpham v. State
District Court of Appeal of Florida
Decided June 23, 1982No. 82-686PublishedCited by 5 opinions
1Opinion of the Court
415 So.2d 863 (1982)
David M. HARPHAM, Appellant,
v.
STATE of Florida, Appellee.
No. 82-686.
District Court of Appeal of Florida, Fifth District.
June 23, 1982.
Charles A. Tabscott, Orlando, for appellant.
No appearance for appellee.
ORFINGER, Judge.
The trial court was correct in holding that it has no jurisdiction to consider a motion for collateral relief under Florida Rule of Criminal Procedure 3.850 while an appeal from appellant's conviction is pending in this court. Fick v. State, 388 So.2d 1352 (Fla. 5th DCA 1980).
Procedurally, a request for a new trial based on newly discovered evidence is not…
2Cases cited4 opinions
- Hallman v. StateSupreme Court of Florida · 1979
- Smith v. StateSupreme Court of Florida · 1981
- Fick v. StateDistrict Court of Appeal of Florida · 1980
- Hurst v. StateDistrict Court of Appeal of Florida · 1982
3Cited by5 opinions
- Marshall v. StateDistrict Court of Appeal of Florida · 1986
- Bryant v. StateDistrict Court of Appeal of Florida · 1983
- Darden v. StateDistrict Court of Appeal of Florida · 1992
- Dickerson v. StateDistrict Court of Appeal of Florida · 1987
- Slater v. StateDistrict Court of Appeal of Florida · 1987