Rachaun Blount v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 21, 2022
Docket2D20-1159
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
RACHAUN BLOUNT,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D20-1159
January 21, 2022
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit
Court for Polk County; Catherine L. Combee, Judge.
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, 913β14 (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, 137β38 (Fla. 2d DCA
2021) (en banc).
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Accordingly, we reverse the postconviction court's order and
remand for resentencing in accordance with the mandate in Blount,
238 So. 3d at 913β14.
Reversed and remanded.
MORRIS, C.J., and BLACK and LABRIT, JJ., Concur.
Opinion subject to revision prior to official publication.
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