CAREY HAYNES
v.
STATE OF FLORIDA
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VILLANTI, Judge. For the reasons expressed in Morgan v. State, 293 So. 3d 1081 (Fla. 2d DCA), review granted, No. SC20-641, 2020 WL 3494396 (Fla. June 29, 2020), we affirm. As in Morgan, we certify conflict with the Fourth and Fifth District Courts of
- 2 - Appeal 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 part of our certification in the present case.
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Wright v. State, 45 Fla. L. Weekly D1296 (Fla. 3d DCA 2020)…ts a 3.800(a) motion, it has not granted the defendant any collateral relief until it resentences him as the order granting a 3.800(a) motion is not a final order) (citing State v. Delvalle, 745 So. 2d 541, 542 (Fla. 4th DCA 1999)); Rogers v. State, 296 So. 3d 500 (Fla. 1st DCA 2020) (concluding that orders granting relief under rule 3.800(a) are not final or appealable, and so the trial court retains its inherent authority to reconsider such orders); Morgan v. State, 293 So. 3d 1081 (Fla. 2d DCA 2020) (holdi…
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Shelton Jackson v. State, 46 Fla. L. Weekly D2624 (Fla. 1st DCA 2021)…esentencing. See Hall v. State, 46 Fla. L. Weekly D2624 (Fla. 1st DCA Dec. 8, 2021). In any event, a trial court retains jurisdiction where an order on a postconviction motion is not final and where resentencing is not complete. See Rogers v. State, 296 So. 3d 500, 507–09 (Fla. 1st DCA 2020) (holding that a trial court retains jurisdiction over a case between granting a rule 3.800 motion and the subsequent resentencing); Fla. R. Crim. P. 3.850(f)(4) (“An order that does not resolve all the claims is a nonfina…1 / 2
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Kinley v. State (Fla. 3d DCA 2024)…onsideration by the court based on a change in law or circumstance. See, e.g., Bay N Gulf, Inc. v. Anchor Seafood, Inc., 971 So. 2d 842, 843 (Fla. 3d DCA 2007) (recognizing a trial court’s right to modify an injunction); see also Rogers v. State, 296 So. 3d 500, 511–13 (Fla. 1st DCA 2020) (en banc) (B.L. Thomas, J., concurring) (concurring that the trial court may reconsider its motion granting a new trial and providing further examples of appealable nonfinal orders that are nonetheless subject to reco…
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- Atwell v. State, 197 So. 3d 1040 (Fla. 2016)
- Barnes v. State (Fla. 1st DCA 2019)
- Wright v. State, 45 Fla. L. Weekly D1296 (Fla. 3d DCA 2020)
- Tanner v. State (Fla. 1st DCA 2022)