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Bamber v. State

District Court of Appeal of Florida, Second District
Dec 12, 2008
995 So. 2d 624 (Fla. Dist. Ct. App. 2008)

Opinion

No. 2D08-1269.

December 12, 2008.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; R. Timothy Peters, Judge.


Jackie Bamber seeks review of the post-conviction court's order summarily denying his motion to correct illegal sentence, which was filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for reconsideration of Bamber's motion for rehearing because the court erroneously determined that it was unauthorized. See Fla.R.Crim.P. 3.800(b)(1)(B) (authorizing motion for rehearing for orders denying relief under rule 3.800(a)). Because we are reversing for reconsideration of Bamber's motion for rehearing, we do not reach the merits of the underlying order denying Bamber's rule 3.800(a) motion.

Reversed and remanded.

FULMER and VILLANTI, JJ., Concur.


Summaries of

Bamber v. State

District Court of Appeal of Florida, Second District
Dec 12, 2008
995 So. 2d 624 (Fla. Dist. Ct. App. 2008)
Case details for

Bamber v. State

Case Details

Full title:Jackie BAMBER, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 12, 2008

Citations

995 So. 2d 624 (Fla. Dist. Ct. App. 2008)

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