BENJAMIN TANNER
v.
STATE OF FLORIDA

Fla. 1st DCA | 2022-02-16
No. 20-2773
Florida District Court of Appeal, First District (2022) Positive Treatment
Cited by 5 cases
Opinion of the Court
Bilbrey

PER CURIAM.

AFFIRMED. See Morgan v. State, 293 So. 3d 1081 (Fla. 2d DCA 2020), review granted, Morgan v. State, 2020 WL 3494396 (Fla. June 29, 2020).

LEWIS, MAKAR, and BILBREY, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Jessica J. Yeary, Public Defender, and Justin Foster Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Virginia Chester Harris, Assistant Attorney General, Tallahassee, for Appellee.

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Cited By

  • Carey Haynes v. State (Fla. 2d DCA 2020)
    …VILLANTI, Judge. For the reasons expressed in Morgan v. State, 293 So. 3d 1081 (Fla. 2d DCA), review granted, No. SC20-641, 2020 WL 3494396 (Fla. June 29, 2020), we affirm. As in Morgan, we certify conflict with the Fourth and Fifth District Courts of - 2 - Appeal in Jones v. State, 279 So. 3d 172 (Fla. 4th DCA 2019), and Magill v. State, 287 So. 3d 1262 (Fla. 5th DCA 2019).1 MORRIS a…
  • Williams v. State (Fla. 2d DCA 2021)
    …final, appealable order and whether the postconviction court retains - 4 - jurisdiction to reconsider its ruling granting the motion prior to resentencing. Compare Morgan v. State, 293 So. 3d 1081 (Fla. 2d DCA 2020), review granted, No. SC20-641, 2020 WL 3494396 (Fla. June 29, 2020) (holding order granting defendant's motion to correct illegal sentence but not yet resentencing defendant was not a final, appealable order and the postconviction court retained jurisdiction and could vacate its grant of relief…
  • Kilgore v. State (Fla. 2d DCA 2021)
    …PER CURIAM. Affirmed. See Morgan v. State, 293 So. 3d 1081, 1086 (Fla. 2d DCA 2020), review granted, No. SC20-641, 2020 WL 3494396 (Fla. June 29, 2020). We certify conflict with Magill v. State, 287 So. 3d 1262 (Fla. 5th DCA 2019), and Jones v. State, 279 So. 3d 172, 174 (Fla. 4th DCA 2019). - 2 - Affirmed; conflict certified. MORRIS, LUCAS, and ATKINSON, JJ., Concur.…

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