Barton v. State
| Decision Date | 28 December 1966 |
| Docket Number | No. 7220.,7220. |
| Citation | 193 So.2d 627 |
| Parties | William BARTON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert E. Jagger, Public Defender, Carleton L. Weidemeyer, Asst. Public Defender, Clearwater, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.
This is an appeal from an order denying a motion to vacate filed pursuant to Criminal Procedure, Rule 1, Ch. 924, F.S.A. Appendix.
At the time the motion was filed, a direct appeal from Barton's criminal conviction was pending before the District Court of Appeal, Second District, 193 So.2d 618, which placed all jurisdiction in this Court until the determination of the appeal. The lower court was correct in denying the motion. Grizzell v. State, 187 So.2d 342, (Fla.App. 1st District, 1966).
This appeal is dismissed sua sponte.
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Bryant v. State
...a pending direct appeal deprived the trial court of the authority to consider relief on a postconviction motion. See Barton v. State, 193 So.2d 627, 627 (Fla. 2d DCA 1966). Even a pending effort to obtain supreme court review of a district court decision was regarded as a bar to the filing ......
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Meneses v. State, 79-183
...not be considered while the judgment from which relief is sought is on direct appeal in the district court of appeal. Barton v. State, 193 So.2d 627 (Fla.2d DCA 1966); Grizzell v. State, 187 So.2d 342 (Fla.1st DCA 1966). While we have no occasion here to consider the propriety of these deci......
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State v. Meneses
...law on the subject. Now it appears that Brooks v. State, 209 So.2d 271 (Fla. 1st DCA 1968), is no longer good law, and Barton v. State, 193 So.2d 627 (Fla. 2d DCA 1966); Gobie v. State, 188 So.2d 34 (Fla. 3d DCA 1966); and Grizzell v. State, 187 So.2d 342 (Fla. 1st DCA 1966), are in serious......
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Fick v. State, 78-2208
...to consider such a motion after an appeal has been commenced. Brooks v. State, 209 So.2d 271 (Fla.1st DCA 1968); Barton v. State, 193 So.2d 627 (Fla.2d DCA 1966). The Public Defender's motion to withdraw is granted and the judgment and sentence AFFIRMED. DAUKSCH, C. J., and SHARP, J., concur. ...