Samuel Jones vs State of Florida

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SAMUEL JONES, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D17-0614 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed March 31, 2017. An appeal from an order of the Circuit Court for Gadsden County. Barbara K. Hobbs, Judge. Samuel Jones, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Kaitlin Weiss and Virginia Harris, Assistant Attorneys General, Tallahassee, for Appellee. PER CURIAM. Appellant seeks review of the circuit court’s January 31, 2017, Order Denying Defendant’s Motion to Correct Illegal Sentence. Because appellant’s direct appeal of judgment and sentence is pending, the trial court was without jurisdiction to rule on appellant’s motion. See Buckhalter v. State, 168 So. 3d 348 (Fla. 1st DCA 2015). Accordingly, we quash the order denying appellant’s motion. WOLF, MAKAR, and M.K. THOMAS, JJ., CONCUR. 2

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