LAWAYNE HENDERSON
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Once an order granting a rule 3.800(a) motion for resentencing becomes final and appealable, the trial court lacks jurisdiction to rescind that order without a timely motion for rehearing under Fla. R. Crim. P. 3.800(b)(1)(B).
[1] Once an order granting a rule 3.800(a) motion for resentencing becomes final and appealable, the trial court is divested of jurisdiction to rescind that order absent a ti…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceHenderson sought resentencing through a rule 3.800(a) motion. The trial court granted the motion, but then subsequently attempted to rescind that orde…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Final Order cases and more on FLexlaw
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.
OSTERHAUS, BILBREY, and M.K. THOMAS, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Andy Thomas, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Damaris E. Reynolds, Assistant Attorney General, Tallahassee, for Appellee.
2