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Antoine v. State

District Court of Appeal of Florida, Fourth District
Oct 2, 1996
680 So. 2d 1070 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-2876.

October 2, 1996.

Appeal from the Circuit Court, Broward County, Paul L. Backman, J.

Jean Antoine, Fort Lauderdale, pro se.

No appearance required for appellee.


Appellant's appeal of his judgment and sentence was pending at the time his motion for correction of sentence was filed and heard. The trial court was therefore without jurisdiction to entertain the motion. State v. Meneses, 392 So.2d 905 (Fla. 1981); Alexander v. State, 600 So.2d 572 (Fla. 2d DCA 1992); Young v. State, 585 So.2d 1184 (Fla. 5th DCA 1991).

We accordingly affirm the trial court's denial of the motion to correct sentence without prejudice to appellant's right to file a new motion after the mandate is issued in the direct appeal.

Affirmed.

STONE, SHAHOOD and STEVENSON, JJ., concur.


Summaries of

Antoine v. State

District Court of Appeal of Florida, Fourth District
Oct 2, 1996
680 So. 2d 1070 (Fla. Dist. Ct. App. 1996)
Case details for

Antoine v. State

Case Details

Full title:JEAN ANTOINE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 2, 1996

Citations

680 So. 2d 1070 (Fla. Dist. Ct. App. 1996)

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