Slater v. State

This is an appeal from denial of a motion for relief under rule 3.850, Florida Rules of Criminal Procedure. The stated basis for denial was the pendency of a direct appeal which precludes simultaneous collateral attack on the same judgment or order. The circuit court correctly relied on Harpham v. State, 415 So.2d 863 (Fla. 5th DCA 1982), for that proposition.

Attached to the lower court’s order of denial is a Notice of Appeal which involves the denial of another 3.850 motion rather than a direct appeal of the conviction or sentence. Consequently, from this record, it appears that Harpham has…