Earley v. State

Full title: JON A. EARLEY, Appellant, v. STATE OF FLORIDA, Appellee.

Court: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Feb 10, 2020

289 So. 3d 573 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-168

02-10-2020

Jon A. EARLEY, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Tabitha R. Herrera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Andy Thomas, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Tabitha R. Herrera, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam. 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).

As in Simmons , we quash the order on appeal and remand with directions that the trial court reinstate the order granting Earley's postconviction motion. The trial court should then resentence Earley to a lawful sentence.

Rowe, Winokur, and Nordby, JJ., concur.