REEVES v. STATE (2023)

District Court of Appeal of Florida, Third District.

Levar REEVES, Appellant, v. The STATE of Florida, Appellee.

No. 3D23-960

Decided: August 23, 2023

Before FERNANDEZ, HENDON and LOBREE, JJ.

Levar Reeves, in proper person. Ashley Moody, Attorney General, for appellee.

Levar Reeves appeals the trial court's order denying his motion for post-conviction relief alleging ineffective assistance of trial counsel. At the time that Reeves filed his motion, his direct appeal was pending before this court. Because the trial court was without jurisdiction to consider and rule on Reeves’ post-conviction motion while the direct appeal was pending, we reverse and remand with instructions to dismiss the post-conviction motion without prejudice to refile same after this court disposes of the direct appeal. See Daniels v. State, 712 So. 2d 765 (Fla. 1998).

PER CURIAM.

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