Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
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
Attorney(S)
Judges

DAVID M. HARPHAM, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

ORFINGER, Judge.

The trial court was correct in holding that it has no jurisdiction to consider a motion for collateral relief under Florida Rule of Criminal Procedure 3.850 while an appeal from appellant's conviction is pending in this court. Fick v. State, 388 So.2d 1352 (Fla. 5th DCA 1980).

Procedurally, a request for a new trial based on newly discovered evidence is not properly brought under Rule 3.850. The correct way to seek relief on this ground is by a petition for writ of error coram nobis containing the necessary allegations. See Smith v. State, 400 So.2d 956 (Fla. 1981); Hallman v. State, 371 So.2d 482 (Fla. 1979).

The order of the trial court denying petitioner's Rule 3.850 motion is AFFIRMED.

FRANK D. UPCHURCH, Jr. and COWART, JJ., concur.

Use AI to get other relevant cases.

Comments

HARPHAM v. STATE
(Jun 23, 1982)