Schrader v. State (890 So. 2d 312, 2004)

SALCINES, Judge.

Lisa Schrader seeks review of the order denying her motion for jail credit. Because her direct appeal is currently pending in this court, -the circuit court did not have jurisdiction to rule on her motion. See Day v. State, 770 So.2d 1262 (Fla. 1st DCA 2000) (holding that effective January-13, 2000, a party may not file a Florida Rule of Criminal Procedure 3.800(a)-mo-tion during the pendency of a direct appeal). Accordingly,, we reverse the order of the circuit court and remand with instructions to dismiss Schrader’s motion for jail credit without prejudice fpr her to refile after her direct appeal is final.

Reversed and remanded.

CANADY and VILLANTI, JJ., concur.