DANIELS v. STATE (1997)

District Court of Appeal of Florida,First District.

Billy Wayne DANIELS, Jr., Appellant, v. STATE of Florida, Appellee.

No. 97-900.

Decided: July 11, 1997

Billy Wayne Daniels, Jr., pro se. No appearance for Appellee.

The trial court lacked jurisdiction to consider appellant's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 during the pendency of appellant's direct appeal of the order revoking his community control. Bryan v. State, 470 So.2d 864 (Fla. 2d DCA 1985); Grizzell v. State, 187 So.2d 342 (Fla. 1st DCA 1966); see State v. Meneses, 392 So.2d 905 (Fla.1981). Accordingly, we affirm the denial of appellant's motion for postconviction relief on this ground. See Robinson v. State, 393 So.2d 33, 35 (Fla. 1st DCA 1981) (stating that if trial court's order is sustainable under any theory revealed by appellate record, affirmance is proper notwithstanding that it may have been entered for a different or even erroneous reason).

PER CURIAM.

MINER, ALLEN and LAWRENCE, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network