WILLIE F. BARNES
v.
STATE OF FLORIDA
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A trial court lacks jurisdiction to rescind an order granting resentencing once it becomes a final, appealable order, and may only do so through a timely motion for rehearing under Fla. R. Crim. P. 3.800(b)(1)(B).
[1] A trial court is divested of jurisdiction to rescind an order granting resentencing once the order becomes final and appealable, and such rescission is permissible only t…
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Join FLexlaw to unlock all legal intelligenceAppellant Barnes obtained a trial court order granting his Rule 3.800(a) motion for resentencing. The trial court thereafter rescinded that order with…
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August 30, 2019 PER CURIAM.
REVERSED. See Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019) (holding that the trial court lacked jurisdiction to rescind an order granting resentencing once it became a final, appealable order, and neither party timely moved for rehearing of the order under Fla. R. Crim. P. 3.800(b)(1)(B)).
As in Simmons, we quash the order on appeal and remand with directions that the trial court reinstate the order granting Appellant’s rule 3.800(a) motion. The trial court should then resentence Appellant to a lawful sentence.
ROWE, OSTERHAUS, and BILBREY, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Carey Haynes v. State (Fla. 2d DCA 2020)…al in Jones v. State, 279 So. 3d 172 (Fla. 4th DCA 2019), and Magill v. State, 287 So. 3d 1262 (Fla. 5th DCA 2019).1 MORRIS and ATKINSON, JJ., Concur. 1In Morgan we also certified conflict with the First District Court of Appeal in Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019), and Jordan v. State, 81 So. 3d 595 (Fla. 1st DCA 2012). However, as the First District has since receded from Simmons and Jordan, see Rogers v. State, 296 So. 3d 500, 505 (Fla. 1st DCA 2020) (en banc), we do not repeat that par…
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German v. State, 44 Fla. L. Weekly D2349 (Fla. 4th DCA 2019)…tion to correct illegal sentence. The order granting resentencing became final and non-appealable when neither party moved for rehearing or appealed. See Jones v. State, 44 Fla. L. Weekly D2349 (Fla. 4th DCA Sept. 18, 2019); Simmons v. State, 274 So. 3d 468, 470-71 (Fla. 1st DCA 2019). After that, the circuit court lacked jurisdiction to vacate that order. We reverse the order on appeal and remand for the circuit court to reinstate its original order granting resentencing. The trial court shou…
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Melton v. State, 304 So. 3d 375 (Fla. 1st DCA 2020)…PER CURIAM. REVERSED. See Simmons v. State, 274 So. 3d 468, 472 (Fla. 1st DCA 2019) (holding that the trial court lacked jurisdiction to rescind its order granting postconviction relief once the order became final when neither party timely moved for rehearing under Fla. R. Crim. P. 3.800(b)(1)(B) or timely…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019)