Willie F. Barnes v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D18-0041 _____________________________

WILLIE F. BARNES,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Escambia County. Edward P. Nickinson, III, Judge.

August 30, 2019

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 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.

ROWE, OSTERHAUS, and BILBREY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Dane K. Chase of Chase Law Florida, P.A., St. Petersburg, for Appellant.

Ashley Moody, Attorney General, and Benjamin L. Hoffman, Assistant Attorney General, Tallahassee, for Appellee.