Legal Opinion

Cannady v. State

District Court of Appeal of Florida

Decided November 15, 2000No. 2D99-2870PublishedCited by 1 opinion

1Opinion of the Court

THREADGILL, Acting Chief Judge.

The appellant challenges an order revoking community control and an order denying his motion for postconviction relief. The record in this case supports the trial court’s finding that the appellant’s violations were willful and substantial. We therefore affirm the revocation. Further, while appeal proceedings are pending in an appellate court, a trial court is without jurisdiction to consider the merits of a motion for postconviction relief made pursuant to Florida Rule of Criminal Procedure 3.850. See Libby v. State, 520 So.2d 322 (Fla. 2d DCA 1988). We…

2Cases cited1 opinion

  1. Libby v. StateDistrict Court of Appeal of Florida · 1988

3Cited by1 opinion

  1. Snipes v. StateDistrict Court of Appeal of Florida · 2003

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