PAUL WILLIAM PRICE
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 resentencing order becomes final when neither party files a motion for rehearing or appeal within the applicable time period, and a postconviction court thereafter lack…
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Join FLexlaw to unlock all legal intelligence“the order granting resentencing became final when neither party moved for rehearing or appealed the order, and, therefore, the postconviction court lacked authority to enter a subsequent order rescinding the original resentencing order”
Court's citation to Simmons v. State explaining the finality doctrine
Appellant Price received a resentencing order in the postconviction context. The postconviction court subsequently rescinded the original resentencing…
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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
PAUL WILLIAM PRICE,
Appellant,
v. Case No. 5D19-993
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed December 27, 2019
3.850 Appeal from the Circuit Court for Volusia County, Kathryn D. Weston, Judge.
James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
HARRIS, J.
ON CONCESSION OF ERROR
Based on the State’s concession of error, we quash the postconviction court’s rescission of the original resentencing order and the denial of Appellant’s motion for postconviction relief. See Simmons v. State, 274 So. 3d 468, 470 (Fla. 1st DCA 2019) (holding that the order granting resentencing became final when neither party moved for
2 rehearing or appealed the order, and, therefore, the postconviction court lacked authority to enter a subsequent order rescinding the 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 consider the evidence adduced at the resentencing hearing.
QUASHED and REMANDED with instructions.
EVANDER, C.J., and EISNAUGLE, J., concur.