ANTONIO LEBARON MELTON
v.
STATE OF FLORIDA
ANTONIO LEBARON MELTON
STATE OF FLORIDA
304 So. 3d 375
Florida District Court of Appeal, First District (2020)
Positive Treatment
Cited by 3 cases
Topics
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Opinion of the Court
PER CURIAM.
REVERSED. See Simmons v. State, 274 So. 3d 468, 472 (Fla. 1st DCA 2019) (holding that the trial court lacked jurisdiction to rescind its order granting postconviction relief once the order became final when neither party timely moved for rehearing under Fla. R. Crim. P. 3.800(b)(1)(B) or timely appealed it).
As in Simmons, we quash the order on appeal and remand with directions that the trial court reinstate the order granting Appellant’s rule 3.800(a) motion. The trial court should then resentence Appellant to a lawful sentence.
RAY, C.J., and ROWE and TANENBAUM, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Malone v. State (Fla. 1st DCA 2021)
-
Peterson v. State (Fla. 3d DCA 2021)
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Melton v. State (Fla. 2023)
Authorities Cited
- Barnes v. State (Fla. 1st DCA 2019)