EARLEY v. STATE

No. 1D19-168.

289 So.3d 573 (2020)

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

District Court of Appeal of Florida, First District.

February 10, 2020.


Attorney(s) appearing for the Case

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.


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...

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