Matthews v. State

889 So.2d 893 (2004)

Douglas MATTHEWS, Appellant,

v.

STATE of Florida, Appellee.

No. 2D04-2925.

District Court of Appeal of Florida, Second District.

December 3, 2004.

SALCINES, Judge.

Douglas Matthews seeks review of the order denying his motion to withdraw plea.[1] We reverse.

Matthews' direct appeal is currently pending in this court; therefore, the circuit court was without jurisdiction to rule on his motion. See Day v. State, 770 So.2d 1262 (Fla. 1st DCA 2000) (holding that effective January 13, 2000, a party may not file a rule 3.800(a) motion during the pendency of a direct appeal); see also…