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COATES v. STATE

No. 1D12-5398.

111 So.3d 266 (2013)

John COATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 16, 2013.

Attorney(s) appearing for the Case

John Coates, pro se, Appellant.

Pamela Jo Bondi , Attorney General, and Charles R. McCoy , Senior Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. At the time the trial court issued its order denying the motion, the appellant's direct appeal was pending in this court. As the state concedes, the trial court lacked jurisdiction to deny the motion during the pendency of the direct appeal. See Daniels v. State, 712 So.2d 765

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