May v. State (792 So. 2d 584, 2001)

PER CURIAM.

Affirmed, without prejudice to re-file at the conclusion of appellant’s pending appeal. See Daniels v. State, 712 So.2d 765 (Fla.1998)(holding that during pendency of defendant’s direct appeal trial court is without jurisdiction to rule on motion for post-conviction relief).

POLEN, C.J., DELL and KLEIN, JJ., concur.