          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D18-3098
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LAWAYNE HENDERSON,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Taylor County.
Gregory S. Parker, Judge.

                         October 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.

OSTERHAUS, BILBREY, and M.K. THOMAS, JJ., concur.
               _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Andy Thomas, Public Defender, and Glen P. Gifford, Assistant
Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Damaris E. Reynolds,
Assistant Attorney General, Tallahassee, for Appellee.




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