MARK BARBER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Pursuant to a plea agreement, appellant’s various three and one-half-year sentences in the cases appealed were to be concurrent. This is recognized by both parties to this appeal and also by the trial judge who entered an order correcting the one sentence which was not made concurrent. Because the correction was made while this appeal was pending, appellant expresses doubt that the trial court had jurisdiction. However, because the sentence was illegal as contrary to the plea bargain and the judge was merely correcting a clerical oversight, we believe that there was concurrent jurisdiction pursuant to Florida Rule of Criminal Procedure 3.800(a). The judgments and sentences, as corrected, are affirmed.
RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
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Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla. 1996)…he trial courts, while an appeal is pending, to rule on motions for post-trial release, as authorized by rule 9.140(g), and to decide motions pursuant to Florida Rule of Criminal Procedure 3.800(a), as authorized by case law such as Barber v. State, 590 So. 2d 527 (Fla. 2d DCA 1991). RULE 9.700. GUIDE TO TIMES FOR ACTS UNDER RULES APPEALS AND REVIEW IN THE SUPREME COURT† [*831] [*832] Committee Notes ■1984 Amendment. These-2-chai-ts-provide a visual gxiide to the- times- mthiB- which ■ the various — acts-a…
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Denson v. State, 711 So. 2d 1225 (Fla. 2d DCA 1998)…to Florida Rule of Criminal Procedure 3.800(a) could address only a clerical error during the pendency of an appeal. This ruling reconfirmed our decision in Easterling v. State, 596 So. 2d 103 (Fla. 2d DCA 1992), which was based on Barber v. State, 590 So. 2d 527 (Fla. 2d DCA 1991). Carter proved to be a short-lived decision because rule 9.600(d) was created effective January 1, 1997. See In re Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla.1996). To accommodate the Criminal Appe…
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Easterling v. State, 596 So. 2d 103 (Fla. 2d DCA 1992)…or any brief has been filed. Because the trial court has concurrent jurisdiction to correct an illegal sentence which may have resulted from a [*104] clerical oversight, the trial court may again rule on the motion after remand. See Barber v. State, 590 So. 2d 527 (Fla. 2d DCA 1991). Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days. Reversed and remanded. LEHAN, A.C.J., and HALL and THREADGILL, JJ., concur.…
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