Blount v. State

• Decision Date: 21 January 2022
• Docket Number: 2D20-1159
• Citation: 331 So.3d 898 (Mem)
• Parties: Rachaun BLOUNT, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

331 So.3d 898 (Mem)

Rachaun BLOUNT, Appellant,

v.STATE of Florida, Appellee.

No. 2D20-1159

District Court of Appeal of Florida, Second District.

January 21, 2022

Anthony M. Candela of Candela Law Firm, P.A., Riverview, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kiersten E. Jensen, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Rachaun Blount appeals the order dismissing his motion to correct sentencing error filed in 2017 under Florida Rule of Criminal Procedure 3.800(a). The State has correctly conceded error. We reverse the postconviction court's order and remand for resentencing.

In Blount v. State , 238 So. 3d 913, 913–14 (Fla. 2d DCA 2018), we reversed the postconviction court's order denying Blount's rule 3.800(a) motion and remanded for resentencing under the then new juvenile sentencing guidelines. After our mandate issued, the postconviction court granted the State's request for a stay pending the Florida Supreme Court's decision in Pedroza v. State , 291 So. 3d 541 (Fla. 2020). Pedroza expressly disapproved Blount . Id. at 549. The postconviction court then dismissed Blount's motion in reliance on Marshall v. State , 313 So. 3d 671, 672 (Fla. 2d DCA 2019), in which this court denied a motion to enforce mandate based on the exception to the law of the case doctrine for a contrary intervening supreme court decision. But we have receded from Marshall and reiterated the finality of judgment principle that trial courts do not have authority to disregard this court's mandates. See Howard v. State , 322 So. 3d 134, 135, 137–38 (Fla. 2d DCA 2021) (en banc).

Accordingly, we reverse the postconviction court's order and remand for resentencing in accordance with the mandate in Blount, 238 So. 3d at 913–14.

Reversed and remanded.

MORRIS, C.J., and BLACK and LABRIT, JJ., Concur.