Davis v. State

This court previously consolidated two appeals filed by Defendant: an appeal from an order entered September 3, 2008, summarily denying his rule 3.800(a) motion to correct illegal sentence (case no. 4D09-260); and an appeal from an order entered January 13, 2009, while the first appeal was pending, granting his second rule 3.800(a) motion to correct sentence and resentencing him, and the order denying his motion for rehearing “without prejudice pending the outcome” of the first appeal (case no. 4D09-1088). We reverse the September 3 order and vacate the January 13 order.

Following a jury…