NICKOLAS WHITE
v.
STATE OF FLORIDA
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A trial court lacks jurisdiction to conduct a sentence review proceeding under section 921.1402 when a defendant's notice of appeal from the sentence has been filed and the direct appeal remains pending.
[1] A trial court is divested of jurisdiction to rule on a postconviction motion when a defendant's notice of appeal has been filed, and any ruling on such a motion rendered…
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Join FLexlaw to unlock all legal intelligence“During the pendency of a defendant's direct appeal, the trial court is without jurisdiction to rule on a motion for postconviction relief.”
Court citing Daniels v. State, 712 So. 2d 765 (Fla. 1998)
Nickolas White, a juvenile offender serving a life sentence for first-degree murder, filed a motion for judicial review of his 2021 resentence under s…
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PER CURIAM.
Nickolas White (“White”), who is currently serving a sentence of life imprisonment for an offense he committed as a juvenile, appeals from the trial court’s denial of his motion seeking judicial review of the sentence pursuant to section 921.1402, Florida Statutes (2021). We reverse the order on review because the trial court lacked jurisdiction to conduct the sentence review proceeding during the pendency of White’s direct appeal from his 2021 life sentence. Our disposition on this point moots our consideration of White’s other arguments in this appeal.
The trial court initially sentenced White in 1996 to life imprisonment without the possibility of parole for a first-degree murder he committed when he was a juvenile. In accordance with Miller v. Alabama, 567 U.S. 460 (2012), and Horsley v. State, 160 So. 3d 393 (Fla. 2015), White was resentenced in 2017 to life imprisonment with the possibility of judicial review after 25 years. We reversed White’s 2017 sentence on direct appeal. See generally White v. State, 271 So. 3d 1023 (Fla. 4th DCA 2019). The trial court subsequently resentenced White in 2021 to life imprisonment with the possibility of judicial review after 25 years. The trial court was divested of jurisdiction to conduct the sentence review proceeding contemplated by section 921.1402 when White filed his notice of appeal from his 2021 life sentence before the trial court’s disposition of his sentence review motion. See Daniels v. State, 712 So. 2d 765, 765 (Fla. 1998) (“[D]uring the pendency of a defendant’s direct appeal, the trial court is without jurisdiction to rule on a motion for postconviction relief.”); Kosa v. State, 923 So. 2d 1285, 1285 (Fla. 4th DCA 2006) (“Once a notice of appeal has been filed, exclusive jurisdiction of the matter is before the district court of appeal.”). As a result, the trial court’s order denying White relief from his life sentence on his motion for sentence review was a nullity. See Daniels, 712 So. 2d at 765 (holding that a ruling on the merits of a postconviction motion rendered by the trial court during the pendency of a defendant’s direct appeal “is a nullity”).
We therefore reverse the order on review and remand for the trial court to reconsider White’s motion for sentence review pursuant to section 921.1402 now that his currently pending direct appeal from his 2021 life sentence has been resolved by this court. See generally White v. State, No. 4D21-2620, 2023 WL 3640196 (Fla. 4th DCA May 25, 2023) (table case). On remand, the trial court may reconsider its disposition of the section 921.1402 motion without the need for further evidentiary proceedings.
Reversed and remanded with instructions.
WARNER, GERBER and ARTAU, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
2
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Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022)…ty to request a presentence investigation and an opportunity to object to the sentencing without the court having first ordered a presentence investigation.” Harden v. State, 290 So. 2d 551, 551 (Fla. 1st DCA 1974). Similarly, in White v. State, 271 So. 3d 1023, 1026 (Fla. 4th DCA 2019), we held that the defendant was entitled to resentencing where the trial court’s error in failing to consider a mandatory PSI “was preserved in [the defendant’s] rule 3.800(b)(2) motion” and where “the defense never express…
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Davis v. State (Fla. 2d DCA 2020)…PER CURIAM. Affirmed. See White v. State, 271 So. 3d 1023, 1028 (Fla. 4th DCA 2019) ("Florida's juvenile sentencing procedure set forth in section 921.1401[, Florida Statutes,] does not violate the Sixth Amendment under Apprendi [v. New Jersey, 530 - 2 - U.S. 466 (2000),] and its progeny."); Simmons v. St…
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Morgan v. State (Fla. 4th DCA 2020)…ection 921.1401 does not violate Apprendi, because the statute does not alter the statutory maximum nor does the court sentence outside of the sentencing range prescribed by the statute when considering the statutory factors. See White v. State, 271 So. 3d 1023, 1027–28 (Fla. 4th DCA 2019); accord Simmons v. State, 267 So. 3d 1067, 1069–70 (Fla. 4 1st DCA 2019); Beckman v. State, 230 So. 3d 77, 94–97 (Fla. 3d DCA 2017). Finally, appellant argues that the prosecutor engaged in misconduct in sev…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Horsley v. State, 160 So. 3d 393 (Fla. 2015)
- Kosa v. State, 923 So. 2d 1285 (Fla. 4th DCA 2006)
- Ernst Juillet v. Naketrease L. MacKey, 271 So. 3d 1023 (Fla. 4th DCA 2019)