JONATHAN SHORTRIDGE
v.
STATE OF FLORIDA
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The appellate court reversed a lower court's decision that had withdrawn a prior order granting postconviction relief. The lower court lacked jurisdiction to withdraw its initial order, thus reinstating the original grant of relief and remanding for resentencing.
No, the postconviction court lacked the jurisdiction to withdraw its prior order granting postconviction relief. Therefore, the order denying relief is reversed, and the original order granting relief is reinstated.
[1] A postconviction court lacks jurisdiction to withdraw a final order granting relief based on an untimely motion for reconsideration filed by the State, even if intervenin…
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“As in Croft v. State, 295 So. 3d 307 (Fla. 2d DCA 2020), the postconviction court lacked jurisdiction to withdraw a prior order that granted Mr. Shortridge's motion for postconviction relief and enter the order denying Mr. Shortridge's motion for postconviction relief.”
This quote establishes the core legal principle and the reason for reversal.
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Join FLexlaw to unlock all legal intelligenceJonathan Shortridge sought postconviction relief, arguing his sentence was unconstitutional. The postconviction court initially granted his motion and…
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PER CURIAM. Jonathan Shortridge appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. As in Croft v. State, 295 So. 3d 307 (Fla. 2d DCA 2020), the postconviction court lacked jurisdiction to withdraw a prior order that granted Mr. Shortridge's motion for postconviction relief and
- 2 - enter the order denying Mr. Shortridge's motion for postconviction relief.
Accordingly, we reverse. In his 3.850 motion, Mr. Shortridge argued that his sentence was unconstitutional in light of the decision in Atwell v. State, 197 So. 3d 1040 (Fla. 2016), among others. Relying on Atwell, the postconviction court granted the motion in February 2017 and ordered a resentencing hearing. The State did not appeal the order. Two years later, while Mr. Shortridge was awaiting resentencing, the State moved for reconsideration of the postconviction court's order, relying on State v. Michel, 257 So. 3d 3 (Fla. 2018). In an order entered February 2019, the court granted the State's motion, withdrew the order granting resentencing, and denied Mr. Shortridge's motion for postconviction relief.
However, the postconviction court lacked jurisdiction to withdraw the February 2017 order. See Croft, 295 So. 3d at 309; see also Wittemen v. State, 45 Fla.
L. Weekly D2008, D2009 (Fla. 2d DCA Aug. 21, 2020) ("The postconviction court therefore lacked jurisdiction to rescind its original order on the basis of an untimely rehearing motion by the State."). As such, we reverse the postconviction court's February 2019 order, reinstate the February 2017 order, and remand for the postconviction court to conduct a resentencing hearing.
We note, as we did in Croft, that "the decisional law effective at the time of the resentencing applies." 295 So. 3d at 309 (quoting State v. Fleming, 61 So. 3d 399, 400 (Fla. 2011)).
Thus, it is possible that Mr. Shortridge may still receive the same sentence upon resentencing.
Reversed and remanded with instructions. CASANUEVA, MORRIS, and LUCAS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shortridge v. State, 45 Fla. L. Weekly D2008 (Fla. 2d DCA 2020)
Authorities Cited
- Atwell v. State, 197 So. 3d 1040 (Fla. 2016)
- State v. Budry Michel, 257 So. 3d 3 (Fla. 2018)
- State v. Fleming, 61 So. 3d 399 (Fla. 2011)
- Hart v. State, 308 So. 3d 655 (Fla. 4th DCA 2020)
- Shortridge v. State, 45 Fla. L. Weekly D2008 (Fla. 2d DCA 2020)