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PEREZ v. STATE

No. 4D02-2202.

834 So.2d 882 (2002)

Miguel PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 6, 2003.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, Benjamin W. Maserang, Assistant Public Defender, West Palm Beach, and Miguel Perez, Crestview, for appellant.

No appearance required for appellee.

EN BANC

PER CURIAM.

In this case, appellant moved in the circuit court to vacate his plea under Florida Rule of Criminal Procedure 3.850 while his direct appeal was pending. Paragraph thirteen of his motion recognized that the trial court was without jurisdiction to rule on the motion while the direct appeal was pending. The trial court dismissed the motion relying on Wilcher v. State, 805 So.2d 74 (Fla....

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