STATE v. SPEARS (2020)

District Court of Appeal of Florida, Second District.

STATE of Florida, Appellant, v. Jonathan Ryan SPEARS, Appellee.
State of Florida, Appellant, v. Saleem O. Simpson, Appellee.

Case No. 2D19-3209, Case No. 2D19-3475

Decided: February 26, 2020

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.

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.

LaROSE, Judge.

LUCAS and BADALAMENTI, JJ., Concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network