Summary
certifying conflict with Simmons , Magill , and German
Summary of this case from Rogers v. StateOpinion
Case No. 2D19-3209 Case No. 2D19-3475
02-26-2020
STATE of Florida, Appellant, v. Jonathan Ryan SPEARS, Appellee. State of Florida, Appellant, v. Saleem O. Simpson, Appellee.
Carolyn Marie Snurkowski, Associate Deputy Attorney General, Tallahassee, and Jonathan D. Tanoos, Assistant Attorney General, Tampa, for Appellant in Case No. 2D19-3209. Ashley Moody, Attorney General, Tallahassee, and Jonathan D. Tanoos, Assistant Attorney General, Tampa, for Appellant in Case No. 2D19-3475. No appearance for Appellees.
Carolyn Marie Snurkowski, Associate Deputy Attorney General, Tallahassee, and Jonathan D. Tanoos, Assistant Attorney General, Tampa, for Appellant in Case No. 2D19-3209.
Ashley Moody, Attorney General, Tallahassee, and Jonathan D. Tanoos, Assistant Attorney General, Tampa, for Appellant in Case No. 2D19-3475.
No appearance for Appellees.
LaROSE, Judge.
In each of these consolidated appeals, the State appeals an order granting a Florida Rule of Criminal Procedure 3.800(a) motion. Each order found that the defendant was entitled to be resentenced but did not impose a new sentence. For the reasons explained in State v. Rudolf, 821 So. 2d 385 (Fla. 2d DCA 2002), we dismiss these appeals as from nonfinal, nonappealable orders.
We recognize that the First, Fourth, and Fifth Districts have held that such an order is final and appealable. Accordingly, we certify conflict with Magill v. State, 44 Fla. L. Weekly D3041, 287 So.3d 1262 (Fla. 5th DCA Dec. 20, 2019), German v. State, 284 So. 3d 572 (Fla. 4th DCA 2019), and Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019).
Dismissed. Conflict certified.
LUCAS and BADALAMENTI, JJ., Concur.