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BROWN v. STATE

No. 4D10-3809.

84 So.3d 461 (2012)

Miakkar L. BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 11, 2012.

Attorney(s) appearing for the Case

Miakkar L. Brown , Okeechobee, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Joseph A. Tringali , Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Miakkar L. Brown appeals the summary denial of his rule 3.850 motion for postconviction relief. We vacate the order because an appeal of Brown's original conviction was pending when the trial court entered the order of denial.1 The state concedes that the trial court loses jurisdiction to rule on a motion for postconviction relief during the pendency of the defendant's direct appeal. See Daniels v. State,

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