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Earley v. State

District Court of Appeal of Florida, Fifth District
Sep 8, 2006
937 So. 2d 260 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D06-2187.

September 8, 2006.

3.800 Appeal from the Circuit Court for Citrus County, Richard Howard, Judge.

James L. Earley, Raiford, Pro Se.

No Appearance for Appellee.


James L. Earley appeals the denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Following the trial court's denial of his motion, Mr. Earley filed a timely motion for rehearing. The trial court denied the rehearing motion, concluding that such motions were not authorized under rule 3.800. While that was correct until recently, the rule was amended effective January 1, 2005, to permit motions for rehearing. See Amendments to the Florida Rules of criminal procedure, 886 So.2d 197, 199-200 (Fla. 2004).

Rule 3.800(b)(1)(B) now provides in pertinent part that "[a] parry may file a motion for rehearing of any order entered under subdivisions (a) and (b) of this rule within 15 days of the date of service of the order or within 15 days of the expiration of the time period for filing an order if no order is filed."

We reverse the order on review and remand this matter to the trial court for consideration of the motion and amended motion for rehearing.

REVERSED AND REMANDED.

ORFINGER, LAWSON and EVANDER, JJ., concur.


Summaries of

Earley v. State

District Court of Appeal of Florida, Fifth District
Sep 8, 2006
937 So. 2d 260 (Fla. Dist. Ct. App. 2006)
Case details for

Earley v. State

Case Details

Full title:James L. EARLEY, Appellant, STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 8, 2006

Citations

937 So. 2d 260 (Fla. Dist. Ct. App. 2006)

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GRANTED. The order below dismissing the appellant's motion for rehearing is QUASHED. See Earley v. State, 937…