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Marshall v. State
Citations: 481 So. 2d 973; 11 Fla. L. Weekly 218Docket: 85-2946
Court: District Court of Appeal of Florida; January 16, 1986; Florida; State Appellate Court
Tommy Marshall's petition for a writ of habeas corpus was dismissed by the District Court of Appeal of Florida, Second District. The court agreed with the trial court's classification of the petition as a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. At the time of the petition's submission, a direct appeal regarding the same judgment and sentence was pending, leading to the trial court's determination that it lacked jurisdiction to address the petition. The dismissal was affirmed without prejudice, allowing Marshall the option to seek post-conviction relief after the resolution of his direct appeal. The decision was concurred by Chief Judge Lehan and Judges Frank and Sanderlin.