From Casetext: Smarter Legal Research

Campbell v. State

District Court of Appeal of Florida, First District
Jun 2, 1989
543 So. 2d 885 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-250.

June 2, 1989.

An Appeal from the Circuit Court for Duval County; David Wiggins, Judge.

No appearance for appellant.

No appearance for appellee.


Appellant filed a motion for post-conviction relief, pursuant to Florida Rule of Criminal Procedure 3.850, while his direct appeal from the judgment and sentence was pending in this court. The trial court improperly considered the motion. State v. Meneses, 392 So.2d 905 (Fla. 1981). Therefore, although we affirm the lower court's order denying the motion, we do so without prejudice to appellant's right to seek post-conviction relief after disposition of the direct appeal and the return of jurisdiction to the lower court. State v. Meneses, 392 So.2d at 907; Brown v. State, 528 So.2d 508 (Fla. 1st DCA 1988); Sumpter v. State, 523 So.2d 806 (Fla. 3d DCA 1988); Libby v. State, 520 So.2d 322 (Fla. 2d DCA 1988).

BOOTH, WIGGINTON and BARFIELD, JJ., concur.


Summaries of

Campbell v. State

District Court of Appeal of Florida, First District
Jun 2, 1989
543 So. 2d 885 (Fla. Dist. Ct. App. 1989)
Case details for

Campbell v. State

Case Details

Full title:STANLEY CAMPBELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 2, 1989

Citations

543 So. 2d 885 (Fla. Dist. Ct. App. 1989)

Citing Cases

Allen v. Inch

See Daniels v. State, 712 So.2d 765 (Fla. 1998) (holding that a trial court lacks jurisdiction to consider…