08-1807 JAMES LEE BELL v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-1807

Case Date: 10/15/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JAMES LEE BELL, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D08-1807

Opinion filed October 15, 2008. An appeal from the Circuit Court for Taylor County. James Roy Bean, Judge. James Lee Bell, pro se, Appellant. Bill McCollum, Attorney General and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. The appellant seeks review of the trial court's order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied the appellant's motion as untimely.

However, when a defendant is resentenced pursuant to a postconviction motion, a subsequent postconviction motion concerning the resentencing is timely if filed within

two years of taking an appeal from the resentencing. See Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005). Accordingly, we reverse the summary denial of the appellant's motion as untimely and remand to the trial court to address the merits of the motion.

REVERSED. KAHN, WEBSTER, and VAN NORTWICK, JJ., CONCUR.

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