Summary
holding that, once the notice of appeal was filed, the trial court was divested of jurisdiction and any order affecting the subject matter of the appeal was a nullity
Summary of this case from Omasta v. StateOpinion
No. 2D00-2891.
Opinion filed March 7, 2001.
Appeal pursuant to Fla.R.App.P.9.141(b)(2) from the Circuit Court for Pinellas County; Mark I. Shames, Judge.
Affirmed.
Abram J. Jordan appeals the summary dismissal of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court's dismissal without discussion.
We note however that subsequent to Jordan's appeal in this case, the trial court issued an order vacating its earlier order which had dismissed Jordan's postconviction motion. Because the trial court was divested of jurisdiction when Jordan filed his notice of appeal, Wenner v. State, 610 So.2d 80, 81 (Fla 2d DCA 1992), this second order was a nullity. Daniels v. State, 712 So.2d 765 (Fla. 1998).
BLUE, A.C.J., and SALCINES and DAVIS, JJ., Concur.