Taylor v. State
Annotate this CasePetitioner was convicted of several crimes. The Fifth District Court of Appeal affirmed the convictions and sentences on direct appeal. Petitioner subsequently filed a motion for postconviction relief. The trial court partially granted relief on Petitioner’s sentencing claim, thus ordering resentencing, and partially denied relief as to Petitioner’s remaining postconviction claims. Fifteen days later, Petitioner filed a motion for rehearing challenging the denial of his other postconviction claims. The trial court denied relief. The Fifth District dismissed Petitioner’s appeal for lack of jurisdiction, determining that the trial court’s order partially denying and partially granting postconviction relief was not final until Petitioner’s resentencing was completed. The Supreme Court quashed the Fifth District’s decision, holding that an order disposing of a postconviction motion which partially denies and partially grants relief is a final order for purposes of appeal, even if the relief granted requires resentencing.
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