          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                          No. 1D18-0041
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WILLIE F. BARNES,

    Appellant,

    v.

STATE OF FLORIDA,

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




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