Opinion
No. AZ-414.
November 16, 1984.
Appeal from the Circuit Court, Duval County, Donald Moran, Jr., J.
Paul J. Carrin, pro se.
Jim Smith, Atty. Gen., for appellee.
Appellant seeks review of the denial of his Fla.R.Crim.P. 3.850 motion for post-conviction relief. The motion was filed in the lower court during the pendency of appellant's direct appeal; in such circumstances the lower court is without jurisdiction to grant post-conviction relief and such a motion is therefore properly denied. See Hurst v. State, 379 So.2d 434 (Fla. 1st DCA 1980). Should appellant desire to pursue such relief during the pendency of a direct appeal a request may be filed in the appellate court to temporarily relinquish jurisdiction for the lower court to consider a Rule 3.850 motion.
The order appealed is affirmed without prejudice to appellant's ability to present the issues raised in a proper Fla.R.Crim.P. 3.850 motion.
SHIVERS and NIMMONS, JJ., concur.