STATE OF FLORIDA, APPELLANT,
v.
CARLOS DELVALLE, APPELLEE
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The State cannot appeal an order granting a motion for postconviction relief if the defendant has not yet been resentenced, as the order is not final.
The State attempted to appeal a trial court's order granting the Defendant's motion for postconviction relief. The Defendant had not yet been resenten…
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PER CURIAM.
The State attempts to appeal the trial court’s order granting the Defendant’s 3.800(a) motion, even though the Defendant has yet to be resentenced. The State argues that this Court has jurisdiction to hear this appeal pursuant to Florida Rule of Appellate Procedure 9.140(c)(l)(M) and section 924.066(2) of the Florida Statutes. We disagree.
Rule 9.140(c)(1) enumerates several types of orders from which the State may appeal in a criminal case. Rule 9.140(c)(l)(M), the “catch-all” provision, allows the State to appeal an order “as otherwise provided by general law from final orders.” Section 924.066(2) provides, “Either the state or a prisoner in custody may obtain review in the next higher state court of a trial court’s adverse ruling granting or denying collateral relief.” Read in conjunction, Rule 9.140(c)(l)(M) and section 924.066(2) allow the State to appeal from a final order granting collateral relief.
Here, while the trial court has granted the Defendant’s 3.800(a) motion, it has not and will not grant the Defendant any collateral relief until it resentences him. The order granting the Defendant’s 3.800(a) motion is not a final order, as judicial labor, i.e., resentencing, is still required. Until the Defendant is resentenced, this Court cannot properly determine whether the trial court has erred. Accordingly, the State’s appeal is dismissed without prejudice to the State to timely appeal the resentencing order. APPEAL DISMISSED.
GUNTHER, KLEIN and STEVENSON, JJ., concur.
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State v. Gaines, 770 So. 2d 1221 (Fla. 2000)…d. S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla.1974). Therefore, an order or ruling suppressing evidence at trial is a non-final order because judicial labor is still required to effectuate a termination of the case. Cf. State v. Delvalle, 745 So. 2d 541, 542 (Fla. 4th DCA 1999) (finding an order granting the defendant’s rule 3.800(a) motion was not a final order where the defendant had not been resen-tenced and judicial labor was still required). Specifically, in this case, when the trial court gr…
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Jordan v. State, 81 So. 3d 595 (Fla. 1st DCA 2012)…g after a successful rule 3.800(a) motion is a de novo proceeding); but cf. State v. Huerta, 38 So. 3d 883 (Fla. 3d DCA 2010); Adams v. State, 949 So. 2d 1125 (Fla. 3d DCA 2007); State v. Rudolf, 821 So. 2d 385 (Fla. 2d DCA 2002); State v. Delvalle, 745 So. 2d 541 (Fla. 4th DCA 1999). Accordingly, the order was subject to challenge only by way of a timely motion for rehearing or an appeal. Cf. Lormeus v. State, 10 So. 3d 190 (Fla. 4th DCA 2009) (noting that an order granting the defendant’s rule 3.800(a) moti…
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State v. Rudolf, 821 So. 2d 385 (Fla. 2d DCA 2002)…ion did not create a new, separate proceeding. Instead, it is a motion filed in a continuation of the original criminal proceeding. We agree with the Fourth District that this type of order is a nonfi-nal, nonappealable order. See State v. Delvalle, 745 So. 2d 541 (Fla. 4th DCA 1999). The order requires that Mr. Ru-dolfs original sentence be replaced with a new sentence, but the new sentence has not yet been imposed. The order is essentially a nonfinal order entered after the entry of an appealable final orde…
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