Jordan v. State

This is the second time that Appellant has appealed an order ruling on the same underlying rule 3.800(a) motion. In Jordan v. State, 32 So.3d 727 (Fla. 1st DCA 2010), we reversed and remanded the order denying the motion because the trial court failed to attach documents conclusively refuting Appellant’s facially sufficient claim. Upon remand the trial court granted the motion and stated that a separate hearing would be held to resentence Appellant. Before resentencing, however, the trial judge passed away.

Seventy-seven days after the order granting the motion was entered, the State filed a…