Rogers v. State

Full title: CHRISTINE LASHAY ROGERS, Appellant, v. STATE OF FLORIDA, Appellee.

Court: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Feb 13, 2020

No. 1D19-878 (Fla. Dist. Ct. App. Feb. 13, 2020)

Opinion

No. 1D19-878

02-13-2020

CHRISTINE LASHAY ROGERS, Appellant, v. STATE OF FLORIDA, Appellee.

Andy Thomas, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

On appeal from the Circuit Court for Escambia County.
Stephen A. Pitre, Judge.

REVERSED. See Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019) (holding that the trial court lacked authority to rescind an order granting resentencing because that order became final when neither party moved for rehearing or appealed).

As in Simmons, we quash the order on appeal and remand with directions that the trial court reinstate the order granting Rogers' rule 3.800(a) motion. The trial court should then resentence Rogers to a lawful sentence. RAY, C.J., and ROWE and TANENBAUM, 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 Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.