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BURCH v. STATE

No. 97-4555.

721 So.2d 1198 (1998)

Thomas J. BURCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 19, 1998.

Attorney(s) appearing for the Case

Appellant, pro se.

Robert Butterworth, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant appeals the denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court was correct in ruling that it lacked jurisdiction to consider appellant's postconviction motion because appellant's direct appeal was still pending.1 However, the trial court should have dismissed rather than denied appellant's motion because a denial generally serves as a ruling on the merits...

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