Ortiz v. State

768 So.2d 1177 (2000)

Rafael ORTIZ, Appellant,

v.

STATE of Florida, Appellee.

No. 2D00-892.

District Court of Appeal of Florida, Second District.

September 15, 2000.

Rafael Ortiz appeals the denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court correctly found that the "defendant's case is currently on appeal which divests the trial court of the power to go forward on defendant's motion." See Daniels v. State, 712 So.2d 765 (Fla.1998) (holding that during pendency of defendant's direct appeal trial court is without jurisdiction to rule on motion for…