JERMAINE GREENE
v.
STATE OF FLORIDA
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A trial court must determine the scope of appointed counsel's representation before striking a defendant's pro se postconviction filings as nullities, and if striking them, must attach supporting records demonstrating counsel represented the defendant in the 3.800(a) proceedings.
[1] Appointment of counsel in a criminal proceeding does not automatically extend to simultaneous or subsequent postconviction proceedings, and a trial court must determine t…
Previewing 1 of 1 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“appointment of counsel in criminal proceeding did not extend to simultaneous postconviction proceeding, meaning that defendant's pro se motions were not nullities”
Court cited Baker v. State, 210 So. 3d 140, 141 (Fla. 2d DCA 2016) for the proposition that counsel's appointment in the underlying criminal case does not automatically extend to postconviction proceedings.
Appellant filed a pro se Rule 3.800(a) motion to correct an illegal sentence on June 20, 2018. The trial court initially denied the motion on June 28,…
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
JERMAINE GREENE, Appellant,
V.
STATE OF FLORIDA, Appellee.
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Case No. 5D18-2484
Opinion filed August 30, 2019
3.800 Appeal from the Circuit Court for Lake County, Don F. Briggs, Judge.
Jermaine Greene, Malone, pro se.
Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
ON MOTION FOR REHEARING
WALLIS, J.
In consideration of the State's motion for rehearing, we grant the requested relief, withdraw our prior opinion, and substitute this opinion in its place.
Appellant appeals the trial court's order striking his pro se Florida Rule of Criminal Procedure 3.800(a) motion. Appellant filed his Rule 3.800(a) motion to correct an illegal sentence in open court on June 20, 2018. The trial court initially denied Appellant's motion on June 28, 2018. On July 19, 2018, the trial court withdrew its June 28 order and struck Appellant's pro se filings as nullities because counsel represented Appellant when he filed those motions.
As the State correctly states in its motion, the trial court had jurisdiction to enter the July 19 order. See Rivera v. Dep't of Health, 177 So. 3d 1 (Fla. 1st DCA 2015). However, because it is unclear from the records what the scope of counsel's representation was below and whether it encompassed the Rule 3.800(a) proceedings, we reverse and remand the July 19 order. See Baker v. State, 210 So. 3d 140, 141 (Fla. 2d DCA 2016) (holding that appointment of counsel in criminal proceeding did not extend to simultaneous postconviction proceeding, meaning that defendant's pro se motions were not nullities). On remand, if the trial court again concludes that Appellant was represented by counsel and strikes his filings, it shall attach supporting records showing that counsel represented Appellant in the 3.800(a) proceedings.
REVERSED and REMANDED with Instructions.
LAMBERT and HARRIS, JJ., concur.