DocketNumber: 90-02616
Citation Numbers: 568 So. 2d 1003, 1990 WL 162395
Judges: Per Curiam
Filed Date: 10/26/1990
Status: Precedential
Modified Date: 3/3/2016
District Court of Appeal of Florida, Second District.
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 *1004 appellant's right to file a sufficient postconviction relief motion.
LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.