Bamber v. State
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JACKIE BAMBER, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ________________________________ ) Case No. 2D08-1269 Opinion filed December 12, 2008. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; R. Timothy Peters, Judge. STRINGER, Judge. Jackie Bamber seeks review of the postconviction court's order summarily denying his motion to correct illegal sentence, which was filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand for reconsideration of Bamber's motion for rehearing because the court erroneously determined that it was unauthorized. See Fla. R. Crim. P. 3.800(b)(1)(B) (authorizing motion for rehearing for orders denying relief under rule 3.800(a)). Because we are reversing for reconsideration of Bamber's motion for rehearing, we do not reach the merits of the underlying order denying Bamber's rule 3.800(a) motion. Reversed and remanded. FULMER and VILLANTI, JJ., Concur. -2-
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