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 The trial court thereafter rescinded that order with…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.
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_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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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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Smith v. State, 299 So. 3d 536 (Fla. 1st DCA 2020)…v. Alabama, 567 U.S. 460 (2012). On appeal, Appellant asserts that the trial court lacked jurisdiction to deny his motion because it had already granted the motion when it appointed counsel for resentencing. Appellant’s reliance on Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019), does not entitle him to relief. This Court has recently receded from Simmons and held that an order granting a 3.800(a) motion is not a final appealable order. See Rogers v. State, 45 Fla. L. Weekly D1069 (Fla. 1st DCA May 1, 20…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019)