Opinion
No. 91-00427.
March 22, 1991.
Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Sarasota County; Andrew D. Owens, Jr., Judge.
Roy Duenas appeals the dismissal of his motion for postconviction relief. We affirm. The trial court correctly determined that it was without jurisdiction to consider the motion, because a direct appeal from Duenas's judgment and sentence was pending at the time the motion was received. Marshall v. State, 481 So.2d 973 (Fla. 2d DCA 1986). Since Duenas subsequently dismissed his direct appeal, our decision is without prejudice to Duenas to refile his motion.
Affirmed.
LEHAN, A.C.J., and HALL and THREADGILL, JJ., concur.