MARTIN v. STATE (2001)

District Court of Appeal of Florida,Fourth District.

Anthony R. MARTIN, Appellant, v. STATE of Florida, Appellee.

No. 4D01-3514.

Decided: November 28, 2001

Anthony R. Martin, Palm Beach, pro se. No appearance required for appellee.

The order denying Martin's motion to correct illegal sentence is reversed. The trial court lacked jurisdiction to rule on the motion, which was filed after appellate jurisdiction had vested in this court. Martin v. State, 796 So.2d 1271 (Fla. 4th DCA 2001).

The trial court is directed to dismiss the motion, without prejudice to Martin to refile now that the mandate has issued in the direct appeal and jurisdiction has been returned to the circuit court. Campbell-Eley v. State, 763 So.2d 539 (Fla. 4th DCA 2000).

PER CURIAM.

STONE, FARMER and HAZOURI, JJ., concur.

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