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Curry v. State

John F. CURRY, Jr. v. STATE of Florida

Curry v. State, 657 So. 2d 50 (Fla. Dist. Ct. App. 1995)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 28, 1995
Docket
No. 95-01361
Judges
Blue, Threadgill, Whatley
Citations
657 So. 2d 501995 Fla. App. LEXIS 70011995 WL 382644

Opinion of the Court

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PER CURIAM.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1996: 219962026peak 1996 · 2

Relies on it most ⓘ

  1. Carter v. State680 So. 2d 603 (Fla. Dist. Ct. App. 1996)
  2. State v. Morales678 So. 2d 510 (Fla. Dist. Ct. App. 1996)

Most recent

  1. Carter v. State680 So. 2d 603 (Fla. Dist. Ct. App. 1996)
  2. State v. Morales678 So. 2d 510 (Fla. Dist. Ct. App. 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Easterling v. State, 596 So. 2d 103 (Fla. Dist. Ct. App. 1992) 8

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