Wehr v. State, Case No. 5D19-147
| Decision Date | 20 September 2019 |
| Docket Number | Case No. 5D19-147 |
| Citation | 279 So.3d 340 (Mem) |
| Parties | Steven D. WEHR, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James S. Purdy, Public Defender, and Nancy Ryan, 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
Based on the State's concession of error, we reverse the postconviction court's rescission of the original resentencing order and the denial of Appellant's motion for postconviction relief. See Simmons v. State, 274 So.3d 468, 470 (Fla. 1st DCA 2019) (). We quash the order on appeal and remand with directions for the postconviction court to reinstate the order granting Appellant's postconviction motion and to conduct a resentencing hearing.
REVERSED and REMANDED.
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3 cases
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Rogers v. State
...; Scott v. State , 283 So. 3d 1280 (Fla. 4th DCA 2019) ; Henderson v. State , 280 So. 3d 1132 (Fla. 1st DCA 2019) ; Wehr v. State , 279 So. 3d 340 (Fla. 5th DCA 2019) ; Jones v. State , 279 So. 3d 172 (Fla. 4th DCA 2019) ; Barnes v. State , 278 So. 3d 321 (Fla. 1st DCA 2019) ; State v. Jack......
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Magill v. State
...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) ("Because the order granting resentencing became final when ne......
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Turner v. State
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