AKEL v. STATE

No. 99-1799.

737 So.2d 633 (1999)

Antonio U. AKEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 29, 1999.


Attorney(s) appearing for the Case

Chris Cadenhead, Crestview, and John R. Dowd, Jr., Ft. Walton Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant challenges the trial court's denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the appellant's direct appeal was pending at the time the motion was filed and, in fact, is still pending in this court, the trial court was without jurisdiction to consider the motion. We therefore vacate the trial court order. See Daniels v. State,

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