JACKIE BAMBER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JACKIE BAMBER, APPELLANT,
STATE OF FLORIDA, APPELLEE
995 So. 2d 624
Florida District Court of Appeal, Second District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
STRINGER, Judge.
Jackie Bamber seeks review of the post-conviction court’s order summarily denying his motion to correct illegal sentence, which was filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for reconsideration of Bamber’s motion for rehearing because the court erroneously determined that it was unauthorized. See Fla. R.Crim. P. 3.800(b)(1)(B) (authorizing motion for rehearing for orders denying relief under rule 3.800(a)). Because we are reversing for reconsideration of Bamber’s motion for rehearing, we do not reach the merits of the underlying order denying Bamber’s rule 3.800(a) motion.
Reversed and remanded.
FULMER and VILLANTI, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Pace v. State (Fla. 3d DCA 2022)…t the trial court denied the motion on the merits, we reverse and remand for reconsideration of Pace’s motion for rehearing because the trial court erroneously determined that rule 3.800 does not authorize motions for rehearing. Bamber v. State, 995 So. 2d 624 (Fla. 2d DCA 2008). Reversed and remanded.…
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Downs v. State (Fla. 2d DCA 2020)…State, 244 So. 3d 1173, 1175 (Fla. 2d DCA 2018). At the outset, we point out that Mr. Downs' rehearing motion was authorized. See Fla. R. Crim. P. 3.800(b)(1)(B) (authorizing rehearing of orders denying relief under rule 3.800(a)); Bamber v. State, 995 So. 2d 624, 624 (Fla. 2d DCA 2008) ("We reverse and remand for reconsideration of Bamber's motion for rehearing [of the postconviction court's order denying his rule 3.800(a) motion] because the court erroneously determined that it was unauthorized."). This o…