Braxton v. State, 568 So. 2d 1003

PER CURIAM.

We affirm the denial of the appellant‘s motion for postconviction relief because the trial court was without jurisdiction to consider it. State v. Meneses, 392 So.2d 905 (Fla. 1981); Bryan v. State, 470 So.2d 864 (Fla. 2d DCA 1985). At the time that the circuit court considered Braxton‘s motion, there was pending in this court an appeal from another motion in the same case. That appeal has now been determined. Our affirmance is without prejudice to the appellant‘s right to file a sufficient postconviction relief motion.

LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.

Case Details

Case Name: Braxton v. State

Court Name: District Court of Appeal of Florida

Date Published: Oct 26, 1990

Citations: 568 So. 2d 1003; 1990 WL 162395; 90-02616

Docket Number: 90-02616

Court Abbreviation: Fla. Dist. Ct. App.