Magill v. State
| Decision Date | 20 December 2019 |
| Docket Number | Case No. 5D19-1478 |
| Citation | 287 So.3d 1262 |
| Parties | Paul Edward MAGILL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James S. Purdy, Public Defender, and Ailene S. Rodgers, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
ON CONCESSION OF ERROR
Paul Magill appeals the postconviction court's order setting aside his previously granted motion to correct illegal sentence.
In 1988, Magill was sentenced to life with the possibility of parole on a first-degree murder conviction. In 2016, he moved to correct illegal sentence, arguing that he was entitled to resentencing pursuant to Miller v. Alabama, 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), and Atwell v. State, 197 So. 3d 1040 (Fla. 2016). The State conceded error, and the postconviction court granted Magill's motion, appointed Magill counsel, and set the case for a status conference.
In 2018, the State moved to set aside the postconviction court's order granting Magill's motion to correct illegal sentence. It argued that because Magill was eligible for parole, pursuant to Michel v. State, 257 So. 3d 3 (Fla. 2018), he was no longer entitled to resentencing, as his sentence was not illegal. The postconviction court granted the State's motion and vacated the order granting Magill's motion, citing Franklin v. State, 258 So. 3d 1239 (Fla. 2018), and Michel, 257 So. 2d at 3. This appeal followed.
We find that the postconviction court lacked authority to vacate its initial order granting Magill's motion because that order became final when neither party moved for rehearing or appealed. See Wehr v. State, 279 So. 3d 340 (Fla. 5th DCA 2019) ; Simmons v. State, 274 So. 3d 468, 470 (Fla. 1st DCA 2019) (); see Taylor v. State, 140 So. 3d 526, 527 (Fla. 2014) ().
In its answer brief, the State acknowledged Simmons and conceded that Magill must receive a resentencing hearing. Accordingly, we quash the postconviction court's order setting aside its...
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Rogers v. State
...Districts have also adopted the reasoning of Simmons . See Jones v. State , 279 So. 3d 172 (Fla. 4th DCA 2019) ; Magill v. State , 287 So. 3d 1262 (Fla. 5th DCA 2019). Statewide, seventeen opinions have issued citing Simmons to reverse trial court orders.6 Because of the continuing effect o......
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Morgan v. State
...the Fourth District in Jones v. State , 279 So. 3d 172 (Fla. 4th DCA 2019), and the Fifth District Court of Appeal in Magill v. State , 287 So. 3d 1262 (Fla. 5th DCA 2019), together with their progeny. 293 So. 3d at 1086. Although all of these conflict cases addressed the same question conc......
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Morgan v. State
...right of the state to appeal an order vacating a death sentence in proceedings under rule 3.850. Jordan, 81 So.3d at 596. Simmons, Jones, and Magill relied on Taylor v. State, 140 So.3d 526, 528 (Fla. 2014), which in interpreting rule 3.850 held that "an order disposing of a postconviction ......
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Morgan v. State
...District issued Jones v. State, 279 So. 3d 172 (Fla. 4th DCA 2019). The Fifth District has also followed Simmons. See Magill v. State, 287 So. 3d 1262 (Fla. 5th DCA 2019). But see Maysonet v. State, 722 So. 2d 230, 231 (Fla. 5th DCA 1998) (dismissing appeal from order granting in part and d......