
    Richard MAY, Appellant, v. STATE of Florida, Appellee.
    No. 4D01-2811.
    District Court of Appeal of Florida, Fourth District.
    Aug. 8, 2001.
    Richard May, Lowell, pro se.
    No appearance required for appellee.
   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.  