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BRYANT v. STATE

No. 83-1480.

442 So.2d 309 (1983)

Guy Lee BRYANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 16, 1983.

Attorney(s) appearing for the Case

Guy Lee Bryant, in pro. per.

Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The lower court's order denying petitioner's 3.850 motion is affirmed. This affirmance is not based upon a consideration of the merits of Bryant's motion, but solely upon the lower court's lack of jurisdiction to consider the collateral relief motion while an appeal from Bryant's conviction is pending in this court. Harpham v. State, 415 So.2d 863 (Fla. 5th DCA 1982); Fick v. State, 388...

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