08-6107 MORGAN C. ESTY, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-6107

Case Date: 05/11/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

MORGAN C. ESTY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed May 11, 2009.

CASE NO. 1D08-6107

An appeal from the Circuit Court for Bradford County. Peter K. Sieg, Judge. Morgan C. Esty, pro se, Appellant. Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. The appellant challenges the trial court's summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). However, the appellant's appeal of his judgment and sentence is currently pending.

Because the direct appeal is pending, the postconviction court was without jurisdiction to rule on the appellant's postconviction motion. See Day v. State, 770 So. 2d 1262 (Fla. 1st DCA 2000); Burch v. State, 721 So. 2d 1198 (Fla. 1st DCA 1998). Therefore, we quash the postconviction court's denial without prejudice to the appellant's right to file a new rule 3.800(a) motion once the direct appeal has been resolved. ORDER QUASHED. WOLF, KAHN, AND VAN NORTWICK, JJ., CONCUR.

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