JOHNSON v. STATE

No. 94-2496.

646 So.2d 307 (1994)

Gary Shane JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 22, 1994.


Attorney(s) appearing for the Case

Gary Shane Johnson, pro se.

No appearance for appellee.


PER CURIAM.

Gary Shane Johnson filed a 3.850 motion under the Florida Rules of Criminal Procedure while the direct appeal of his conviction and sentence was pending. The denial of the 3.850 motion was also rendered while the direct appeal was still pending.

Although appellant had represented in his 3.850 motion that he had no direct appeal, in fact, his appeal was pending. Therefore, the trial court lacked jurisdiction to enter an order on the motion. Darden...

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