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Brian WALLACE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District2018-07-27No. Case No. 5D18-279
249 So. 3d 791

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Opinion

majority opinion

PER CURIAM.

We affirm Appellants judgment and sentence. However, as the State properly concedes, the trial court was without jurisdiction to rule on Appellants Florida Rule of Criminal Procedure 3.800(c) motion while his direct appeal was pending. See, e.g. , Liranzo-Cruzata v. State , 6 So.3d 114 (Fla. 2d DCA 2009) ; Mowatt v. State , 963 So.2d 348 (Fla. 4th DCA 2007). We therefore reverse the order denying Appellants rule 3.800(c) motion and remand for the trial court to enter a new order on Appellants aforementioned motion.

AFFIRMED, in part; REVERSED, in part; and REMANDED.

EVANDER, BERGER and WALLIS, JJ., concur.