DARYL GERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Daryl German appealed the trial court's denial of his motion to correct an illegal sentence based on a guidelines scoresheet error. The court reversed in part because the State filed its motion for reconsideration more than a year after the original order, exceeding the 15-day deadline under Florida law, depriving the trial court of jurisdiction to reconsider.
The State's motion for reconsideration was untimely, depriving the trial court of jurisdiction to consider it. Therefore, the trial court's original October 29, 2013 order must be reinstated, requiring resentencing on count one with a corrected scoresheet. The denial of relief on count two was properly affirmed because it was consistently denied since October 2013, making any present challenge untimely.
[1] A motion for reconsideration filed more than 15 days after the date of service of a signed, written order is untimely and the trial court lacks jurisdiction to consider i…
[2] A trial court's order granting relief on a motion for postconviction relief may be reinstated if the State's subsequent motion for reconsideration is untimely.
Previewing 2 of 4 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“providing that either party may file a motion for rehearing within 15 days of the date of service of a signed, written order under rule 3.800(a)”
Establishes the 15-day deadline for filing motions for reconsideration under Florida Rule of Criminal Procedure 3.800(b)(1)(B)
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn October 29, 2013, the trial court granted German's Rule 3.800(a) motion in part (count one) and denied it in part (count two), ordering resentencin…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Guidelines Scoresheet cases and more on FLexlaw
Daryl German appeals an order denying his Florida Rule of Criminal Procedure 3.800(a) motion, which contended his two life sentences are illegal due to an error with the guidelines scoresheet. The trial court initially granted the motion in part and denied it in part, but the court later granted a motion for reconsideration filed by the State. We reverse and remand for the trial court’s original order to be reinstated -because the State’s motion for reconsideration was untimely.
On October 29, 2013, the trial court entered an order denying appellant’s motion as to count two but granting it as to count One and ordering him to be resentenced thereupon. More than a year after entry of this order but before resentencing, the State filed a motion for reconsideration. In its motion, the State raised the same argument it advanced prior to the court’s granting of relief as to count one.
. At a hearing on the State’s motion for reconsideration, appellant argued that the State’s motion was untimely and cited Jordan v. State, 81 So.3d 595 (Fla. 1st DCA 2012), for support. See Fla. R. Crim. P. 3.800(b)(1)(B) (providing that either party may file a motion for rehearing within 15 days of the date of service of a signed, written order under rule 3.800(a)). The successor judge nevertheless granted rehearing and denied relief as to both counts. This appeal ensued.
In its response, the State does not show that its motion for rehearing was timely filed. Pursuant to Jordan, we reverse and remand for the October 29, 2013 order to be reinstated because the State’s motion for rehearing was -untimely and, therefore, the trial court was without jurisdiction to consider it. 81 So.3d at 596 (quashing, upon the State’s concession, an order entered upon an untimely motion for rehearing). The trial court should resentence *91appellant on count one using a corrected scoresheet.
We affirm on the remaining issues raised by appellant. The trial court has consistently denied relief as to count two since October 2013. Accordingly, appellant’s present challenge to thé denial of relief is untimely. See Taylor v. State, 140 So.3d 526, 528-29 (Fla.2014). Regardless, the trial court sentenced appellant in count two as a habitual violent felony offender, rendering the guidelines scoresheet inapplicable, See Cooper v. State, 902 So.2d 945, 947 (Fla. 4th DCA 2005). Finally, appellant cannot raise a double jeopardy claim attacking his convictions under rule 3.800(a). Henry v. State, 920 So.2d 1204, 1205 (Fla. 4th DCA 2006).
Affirmed in part, reversed in part, and remanded.
WARNER, LEVINE and CONNER, JJ., concur. ■
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lamont Taylor v. State, 140 So. 3d 526 (Fla. 2014)
- Cooper v. State, 902 So. 2d 945 (Fla. 4th DCA 2005)
- Jordan v. State, 81 So. 3d 595 (Fla. 1st DCA 2012)
- Tomika Henry v. State, 920 So. 2d 1204 (Fla. 4th DCA 2006)