Akel v. State

The appellant challenges the trial court’s denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant’s direct appeal was pending at the time the motion was filed and, in fact, is still pending in this court, the trial court was without jurisdiction to consider the motion. We therefore vacate the trial court order. *634See Daniels v. State, 712 So.2d 765 (Fla. 1998).

JOANOS, ALLEN and DAVIS, JJ., CONCUR.