Watkins v. State
217 So. 3d 1135
| Fla. Dist. Ct. App. | 2017Background
- Watkins filed a Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence, arguing the trial court lacked jurisdiction to find a community control violation. The State responded and Watkins replied.
- Trial court entered a signed written order denying the 3.800(a) motion on September 28, 2016; the clerk’s certificate shows the order was mailed to Watkins on September 30, 2016.
- Watkins (via mailbox rule) filed a motion for rehearing on October 25, 2016, attaching a copy of the September 28 order that bore both a September 30 service stamp and a separate October 13 certified-copy stamp.
- The trial court denied the rehearing on November 9, 2016; Watkins then (via mailbox rule) filed a Notice of Appeal on November 16, 2016.
- The State moved to dismiss for lack of jurisdiction, arguing Watkins’s rehearing was untimely so the 30-day appeal clock ran from September 28, 2016, and his November 16 Notice of Appeal was late.
- The court found the presumptive service date was September 30, 2016, Watkins’s rehearing (filed October 25) was untimely, the 30-day appeal period expired October 28, 2016, and dismissed the appeal without prejudice to a belated-appeal petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Watkins’s motion for rehearing tolled rendition of the Sept. 28 order | Watkins argued rehearing was timely because the order showed an October 13, 2016 stamp and thus was within 15 days of service (plus mail days) | State argued the certificate of service showed mail on Sept. 30, making the rehearing due by Oct. 18 and Watkins’s Oct. 25 filing untimely | Rehearing untimely; did not toll rendition (service presumptively Sept. 30) |
| Whether the Notice of Appeal was timely | Watkins asserted the trial court’s failure to enter a rehearing order within (argued) 40 days meant the motion was deemed denied and appeal was timely | State argued no timely rehearing, so 30-day appeal period began on Sept. 28 and expired Oct. 28; Watkins’s Nov. 16 notice was late | Notice of Appeal untimely; court lacks jurisdiction; appeal dismissed without prejudice |
Key Cases Cited
- In re Amendments to the Florida Rules of Criminal Procedure, 167 So. 3d 395 (Fla. 2015) (amendments removed language deeming rehearing denied after 40 days)
- Amos v. Reich, 208 So. 3d 796 (Fla. 3d DCA 2016) (an order is rendered when a signed, written order is filed with the clerk)
- Neal v. State, 915 So. 2d 746 (Fla. 5th DCA 2005) (certificate of service establishes presumptive date of service)
- Whipple v. State, 867 So. 2d 433 (Fla. 1st DCA 2004) (three days added to deadlines when served by mail under rule 3.070)
- Parks v. State, 126 So. 3d 352 (Fla. 3d DCA 2013) (untimely rehearing does not toll rendition and appeal period runs from original rendition)