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BLACKERT v. STATE

No. 2D02-2333.

846 So.2d 1196 (2003)

Matthew Clarence BLACKERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 30, 2003.

Attorney(s) appearing for the Case

Matthew Clarence Blackert, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Matthew Clarence Blackert appeals an order denying his petition for writ of habeas corpus. The "petition" was actually a request for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Upon review of the record, this court determined that the trial court lacked jurisdiction to enter the appealed order because a direct appeal was pending at that time. Once the direct appeal was concluded, this court relinquished jurisdiction to the...

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