Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

SCOTT FIRST, SR., APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

The appellant, Scott First, Sr., challenges the denial of the motion he filed pursuant to Florida Rule of Criminal Procedure 3.800. Since the trial court did not have jurisdiction to hear the appellant's motion, we reverse.

Although a trial court has jurisdiction to correct an illegal sentence at any time, during the pendency of a plenary appeal of a judgment and sentence, this jurisdiction is limited to the correction of clerical errors. Easterling v. State, 596 So.2d 103 (Fla. 2d DCA 1992). The appellant filed his motion challenging the illegality of his sentence while he had an appeal pending in this court. The trial court was, accordingly, without jurisdiction to determine the appellant's motion on the merits and should have dismissed it. See Hulick v. State, 644 So.2d 117 (Fla. 2d DCA 1994).

We, accordingly, reverse and remand with instructions to enter an order dismissing the appellant's motion without prejudice to his renewing his claim, if necessary, after the conclusion of his appeal.

Reversed and remanded with instructions.

CAMPBELL, A.C.J., and SCHOONOVER and QUINCE, JJ., concur.

Use AI to get other relevant cases.

Comments

FIRST v. STATE
(Jul 24, 1996)