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DAWUDI v. STATE

No. 4D06-1102.

929 So.2d 1188 (2006)

Abedelkader DAWUDI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 7, 2006.

Attorney(s) appearing for the Case

Abedelkader Dawudi, Moore Haven, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We vacate the portion of the October 21, 2005, lower court order denying claim five of appellant's rule 3.850 motion as the lower court did not have jurisdiction to rule on this claim while an appeal was pending in this court. Perez v. State, 834 So.2d 882 (Fla. 4th DCA 2002) (en banc). We remand with directions for the lower court to stay the proceedings on this claim until the pending appeal is resolved or to...

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