PRICE v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Paul William PRICE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-993

Decided: December 27, 2019

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

ON CONCESSION OF ERROR

Based on the State's concession of error, we quash the postconviction court's rescission of the original resentencing order and the denial of Appellant's motion for postconviction relief. See Simmons v. State, 274 So. 3d 468, 470 (Fla. 1st DCA 2019) (holding that the order granting resentencing became final when neither party moved for rehearing or appealed the order, and, therefore, the postconviction court lacked authority to enter a subsequent order rescinding the original resentencing order). We quash the order on appeal and remand with directions for the postconviction court to reinstate the order granting Appellant's postconviction motion and to consider the evidence adduced at the resentencing hearing.

QUASHED and REMANDED with instructions.

HARRIS, J.

EVANDER, C.J., and EISNAUGLE, J., concur.

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