PATRICK WILLIAM KEEBLER
v.
STATE OF FLORIDA
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A postconviction court lacks authority to rescind a resentencing order that became final when neither party moved for rehearing or appealed.
[1] A postconviction court order granting resentencing becomes final when neither party files a motion for rehearing or appeals, and the court thereafter lacks authority to e…
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Join FLexlaw to unlock all legal intelligence“order granting resentencing became final when neither party moved for rehearing or appealed order, and, therefore, postconviction court lacked authority to enter subsequent order rescinding original resentencing order”
Court's citation to Simmons v. State explaining the legal principle supporting the decision
Appellant Keebler was convicted and initially granted resentencing by the postconviction court. The postconviction court subsequently entered an order…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
PATRICK WILLIAM KEEBLER,
Appellant,
v. Case No. 5D18-3059
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed December 20, 2019
Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Jr., Judge.
James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Pamela
J.
Koller, Assistant Attorney General, Daytona Beach, for Appellee.
ON CONCESSION OF ERROR
PER CURIAM.
This case is procedurally identical to Wehr v. State, 279 So. 3d 340 (Fla. 5th DCA 2019), and we adopt the opinion in that case in its entirety. Based on the State’s concession of error, we quash the postconviction court’s order holding that Appellant was not entitled to resentencing. See Simmons v. State, 274 So. 3d 468, 470 (Fla. 1st DCA 2019) (holding that order granting resentencing became
2 final when neither party moved for rehearing or appealed order, and, therefore, postconviction court lacked authority to enter subsequent order rescinding original resentencing order). We quash the order on appeal and remand with directions for the postconviction court to reinstate the order granting Appellant’s postconviction motion and to conduct a resentencing hearing.
QUASHED AND REMANDED with directions.
EVANDER, C.J., COHEN and WALLIS, JJ., concur.