Melton v. State

Full title: ANTONIO LEBARON MELTON, Appellant, v. STATE OF FLORIDA, Appellee.

Court: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Feb 13, 2020

No. 1D19-1286 (Fla. Dist. Ct. App. Feb. 13, 2020)

Opinion

No. 1D19-1286

02-13-2020

ANTONIO LEBARON MELTON, 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 Tabitha Herrera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

On appeal from the Circuit Court for Escambia County.
Jan Shackelford, Judge.

REVERSED. See Simmons v. State, 274 So. 3d 468, 472 (Fla. 1st DCA 2019) (holding that the trial court lacked jurisdiction to rescind its order granting postconviction relief once the order became final when neither party timely moved for rehearing under Fla. R. Crim. P. 3.800(b)(1)(B) or timely appealed it).

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. 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 Tabitha Herrera, Assistant Attorney General, Tallahassee, for Appellee.