DEANDREW TONY SCOTT
v.
STATE OF FLORIDA
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The Sixth District Court of Appeal reversed the trial court's order granting Scott's motion to correct an illegal sentence because the trial court lacked jurisdiction to rule on such a motion while Scott's direct appeal was pending.
No. The trial court lacked jurisdiction to rule on Scott's motion to correct an illegal sentence during the pendency of his direct appeal. The appellate court reversed the trial court's order granting the motion without prejudice to Scott's filing a renewed motion under rule 3.800.
[1] A trial court is without jurisdiction to rule on a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a)(1) while a direct appeal from t…
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Join FLexlaw to unlock all legal intelligence“The parties properly concede that the trial court lacked jurisdiction to rule on Scott's motion to correct illegal sentence during the pendency of his direct appeal”
Establishes the jurisdictional defect that was the basis for reversal
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Join FLexlaw to unlock all legal intelligenceScott filed a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a)(1) while his direct appeal was pending. The tria…
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SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case No. 6D2024-2300 Lower Tribunal No. 2014-CF-005144
DEANDREW TONY SCOTT, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal from the Circuit Court for Orange County. Leticia Marques, Judge.
April 10, 2026
WOZNIAK, J.
The parties properly concede that the trial court lacked jurisdiction to rule on Scott's motion to correct illegal sentence during the pendency of his direct appeal, which has now resolved.¹ See Fla. R. Crim. P. 3.800(a)(1). Accordingly, we reverse the order granting Scott's motion. Our reversal is without prejudice to Scott's filing
1 See Scott v. State, 397 So. 3d 721 (Fla. 6th DCA 2024).
a renewed motion under rule 3.800. We express no opinion on the merits of the motion.
REVERSED.
WHITE and SMITH, JJ., concur. Blair Allen, Public Defender, and Susan M. Shanahan, Assistant Public Defender, Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
2
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Deandrew Tony Scott v. State (Fla. 6th DCA 2026)…legal sentence during the pendency of his direct appeal, which has now resolved.¹ See Fla. R. Crim. P. 3.800(a)(1). Accordingly, we reverse the order granting Scott's motion. Our reversal is without prejudice to Scott's filing 1 See Scott v. State, 397 So. 3d 721 (Fla. 6th DCA 2024). ---PAGE 2--- a renewed motion under rule 3.800. We express no opinion on the merits of the motion. REVERSED. WHITE and SMITH, JJ., concur. Blair Allen, Public Defender, and Susan M. Shanahan, Assistant Public Defender, Bart…
Authorities Cited
- Deandrew Tony Scott v. State (Fla. 6th DCA 2026)