Henderson v. State

Full title: LAWAYNE HENDERSON, Appellant, v. STATE OF FLORIDA, Appellee.

Court: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Oct 30, 2019

280 So. 3d 1132 (Fla. Dist. Ct. App. 2019)

Opinion

No. 1D18-3098

10-30-2019

Lawayne HENDERSON, Appellant, v. STATE of Florida, Appellee.

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.

PER CURIAM.

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.

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.