HENDERSON v. STATE (2019)

District Court of Appeal of Florida, First District.

Lawayne HENDERSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-3098

Decided: October 30, 2019

Andy Thomas, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Damaris E. Reynolds, Assistant Attorney General, Tallahassee, for Appellee.

Reversed. See Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019) (holding that the trial court lacked jurisdiction to rescind an order granting resentencing once it became a final, appealable order, and neither party timely moved for rehearing of the order under Fla. R. Crim. P. 3.800(b)(1)(B)).

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.

Per Curiam.

Osterhaus, Bilbrey, and M.K. Thomas, JJ., concur.

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