ROGER SMITH, JR.
v.
STATE OF FLORIDA
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The appellate court affirmed a lower court's denial of resentencing for a defendant who argued his life sentence was illegal. The court found the lower court retained jurisdiction to deny the motion because no final order granting resentencing had been issued.
The trial court retained jurisdiction to deny the motion for resentencing. The appointment of counsel was not a final order granting resentencing, and therefore the trial court could still rule on the motion.
[1] An order appointing counsel for resentencing proceedings under rule 3.800(a) is not a final or appealable order granting relief, and the trial court retains jurisdiction…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This Court has recently receded from Simmons and held that an order granting a 3.800(a) motion is not a final appealable order.”
Establishes the precedent that orders granting resentencing motions are not final until resentencing occurs.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought resentencing, arguing his life sentence violated Miller v. Alabama. He contended the trial court had already granted his motion b…
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Appellant seeks resentencing, arguing that his life sentence with a minimum mandatory of twenty-five years was illegal under Miller v. Alabama, 567 U.S. 460 (2012).
On appeal, Appellant asserts that the trial court lacked jurisdiction to deny his motion because it had already granted the motion when it appointed counsel for resentencing. Appellant’s reliance on Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019), does not entitle him to relief. This Court has recently receded from Simmons and held that an order granting a 3.800(a) motion is not a final appealable order. See Rogers v. State, 45 Fla.
L. Weekly D1069 (Fla. 1st DCA May 1, 2020) (holding that the trial court has inherent authority to reconsider an order granting relief under rule 3.800(a) because the order is not final or appealable until resentencing has occurred).
Thus, Simmons is no longer good law.
However, the instant case doesn’t turn on Simmons or Rogers because the lower court never rendered a written order granting resentencing. Appellant’s claim that the trial court’s order appointing counsel for Appellant was functionally equivalent to a final order granting resentencing is without merit.
The trial court’s order only appointed the public defender to represent Appellant in the instant case. It did not grant any relief or indicate that any relief would be granted.
Thus, no final order or a functional equivalent had been rendered.
Therefore, the trial court maintained jurisdiction to enter a final order denying resentencing. Because the trial court had jurisdiction to rule on Appellant’s motion and Appellant is not entitled to resentencing, we AFFIRM. Appellant’s motion for a written opinion is GRANTED, and we withdraw our prior opinion. Appellant’s motions for rehearing en banc and certification of question of great public importance are DENIED. WOLF and MAKAR, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Strong v. State, 45 Fla. L. Weekly D791 (Fla. 2d DCA 2020)
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Rembert v. State, 300 So. 3d 791 (Fla. 1st DCA 2020)
Authorities Cited
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012)
- Barnes v. State (Fla. 1st DCA 2019)
- Strong v. State, 45 Fla. L. Weekly D791 (Fla. 2d DCA 2020)