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Curry v. State

District Court of Appeal of Florida, Second District
Jun 28, 1995
657 So. 2d 50 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-01361.

June 28, 1995.

Appeal from the Circuit Court, Pinellas County, Catherine M. Harlan, J.


John F. Curry, Jr., appeals the dismissal of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The trial court dismissed the motion, holding that it lacked jurisdiction because Curry's direct appeal was pending. While a direct appeal is pending, a trial court has concurrent jurisdiction to correct an illegal sentence. See Easterling v. State, 596 So.2d 103 (Fla. 2d DCA 1992).

Accordingly, we reverse the dismissal of Curry's motion and remand for the trial court to consider the merits.

THREADGILL, A.C.J., and BLUE and WHATLEY, JJ., concur.


Summaries of

Curry v. State

District Court of Appeal of Florida, Second District
Jun 28, 1995
657 So. 2d 50 (Fla. Dist. Ct. App. 1995)
Case details for

Curry v. State

Case Details

Full title:JOHN F. CURRY, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 28, 1995

Citations

657 So. 2d 50 (Fla. Dist. Ct. App. 1995)

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