# Brown v. State

> District Court of Appeal of Florida · May 19, 2006 · 929 So. 2d 684

URL: https://www.frixlaw.com/law-library/cases/7782301

## Case

- **Full name:** Antwan E. BROWN v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** May 19, 2006
- **Citations:** 929 So. 2d 684; 2006 Fla. App. LEXIS 7874; 2006 WL 1360081
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Villanti
- **Judges:** Canady, Davis, Villanti
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7782301

## How later opinions describe it (automated extraction)

- holding that a circuit court did not have jurisdiction to rule on a defendant’s rule 3.800(a) motion filed during the pendency of his direct appeal

## Opinion text

VILLANTI, Judge.
We affirm Antwan Brown’s appeal of his judgment and sentence entered after he pleaded guilty. We do so without prejudice for him to file a motion under Florida Rule of Criminal Procedure 3.800(a) when the mandate in this case has issued and jurisdiction has returned to the circuit court. Any motion should not be deemed successive based upon the circuit court’s denial of Brown’s pro se motion to correct illegal sentence. See Schrader v. State, 890 So.2d 312 (Fla. 2d DCA 2004) (holding that a circuit court did not have jurisdiction to rule on a defendant’s rule 3.800(a) motion filed during the pendency of his direct appeal).
Affirmed.
DAVIS and CANADY, JJ., Concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7782301. Public record. Not legal advice.
