Summary
holding order granting defendant's motion to correct illegal sentence but not yet resentencing defendant was not a final, appealable order and the postconviction court retained jurisdiction and could vacate its grant of relief prior to resentencing
Summary of this case from Williams v. StateOpinion
CASE NO.: SC20-641
06-29-2020
DARRYL LEN MORGAN Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 2D18-4940; 521979CF003874XXXXSO
The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before July 20, 2020; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits.
The Clerk of the Second District Court of Appeal must file the record which must be properly indexed and paginated on or before August 28, 2020. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. CANADY, C.J., and POLSTON, LABARGA, LAWSON, and COURIEL, JJ., concur.
Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument. A True Copy
Test: /s/_________
John A. Tomasino
Clerk, Supreme Court kj
Served: MAUREEN E. SURBER
ALLISON C. HEIM
HON. MARY BETH KUENZEL, CLERK