GREENE v. STATE (2019)

ON MOTION FOR REHEARING

In consideration of the State's motion for rehearing, we grant the requested relief, withdraw our prior opinion, and substitute this opinion in its place.

Appellant appeals the trial court's order striking his pro se Florida Rule of Criminal Procedure 3.800(a) motion. Appellant filed his Rule 3.800(a) motion to correct an illegal sentence in open court on June 20, 2018. The trial court initially denied Appellant's motion on June 28, 2018. On July 19, 2018, the trial court withdrew its June 28 order and struck Appellant's pro se filings as nullities because counsel represented Appellant when he filed those motions.

As the State correctly states in its motion, the trial court had jurisdiction to enter the July 19 order. See Rivera v. Dep't of Health, 177 So. 3d 1 (Fla. 1st DCA 2015). However, because it is unclear from the records what the scope of counsel's representation was below and whether it encompassed the Rule 3.800(a) proceedings, we reverse and remand the July 19 order. See Baker v. State, 210 So. 3d 140, 141 (Fla. 2d DCA 2016) (holding that appointment of counsel in criminal proceeding did not extend to simultaneous postconviction proceeding, meaning that defendant's pro se motions were not nullities). On remand, if the trial court again concludes that Appellant was represented by counsel and strikes his filings, it shall attach supporting records showing that counsel represented Appellant in the 3.800(a) proceedings.

REVERSED and REMANDED with Instructions.

WALLIS, J.

LAMBERT and HARRIS, JJ., concur.