Akel v. State

Full title: ANTONIO U. AKEL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jul 29, 1999

737 So. 2d 633 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1799.

Opinion filed July 29, 1999.

An appeal from the Circuit Court for Okaloosa County. G. Robert Barron, Judge.

Chris Cadenhead, Crestview, and John R. Dowd, Jr., Ft. Walton Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

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. See Daniels v. State, 712 So.2d 765 (Fla. 1998).

JOANOS, ALLEN and DAVIS, JJ., CONCUR.