Full Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D19-878 _____________________________ CHRISTINE LASHAY ROGERS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Escambia County. Stephen A. Pitre, Judge. February 13, 2020 PER CURIAM. REVERSED. See Simmons v. State, 274 So. 3d 468 (Fla. 1st DCA 2019) (holding that the trial court lacked authority to rescind an order granting resentencing because that order became final when neither party moved for rehearing or appealed). As in Simmons, we quash the order on appeal and remand with directions that the trial court reinstate the order granting Rogers’ rule 3.800(a) motion. The trial court should then resentence Rogers to a lawful sentence. RAY, C.J., and ROWE and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Andy Thomas, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee. 2