STATE OF FLORIDA
v.
JORONJAYE LEPRINO TEAGUE
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A trial court lacks jurisdiction to hear and rule on a motion for new trial after the appellate court has already decided the case on the merits.
[1] A trial court is without jurisdiction to hear and rule on a motion for new trial after an appellate court has already decided the case on the merits.
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Join FLexlaw to unlock all legal intelligenceJoronjaye Leprino Teague was convicted of fleeing and eluding and drug possession. The trial court granted Teague's motion for new trial, which the St…
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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
STATE OF FLORIDA,
Appellant,
v. Case No. 5D19-3677
JORONJAYE LEPRINO TEAGUE,
Appellee.
________________________________/
Opinion filed August 28, 2020
Appeal from the Circuit Court for Orange County, Gail A. Adams, Judge.
Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellant.
James S. Purdy, Public Defender, and Victoria Rose Cordero, Assistant Public Defender, Daytona Beach, for Appellee.
ON CONCESSION OF ERROR
PER CURIAM.
The State of Florida appeals the trial court's order granting Joronjaye Leprino Teague's motion for new trial. This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(C). Both parties agree that the trial court did not have jurisdiction to hear and rule on the motion for new trial, and we treat Teague’s motion to
2 dismiss this appeal as a concession of error. Accordingly, we reverse the order granting new trial and remand for resentencing. At resentencing, the trial court should impose an adjudication of guilt on the fleeing and eluding charge and a withhold of adjudication on the drug possession charge. See State v. Teague, 275 So. 3d 828, 829 (Fla. 5th DCA 2019).
REVERSED and REMANDED. HARRIS, GROSSHANS, and TRAVER, JJ., concur.