SPENCER A. BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SPENCER A. BROOKS, APPELLANT,
STATE OF FLORIDA, APPELLEE
867 So. 2d 1276
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appellant moved to correct his sentence pursuant to rule 3.800(b)(1), Florida Rules of Criminal Procedure, but the trial court failed to rule within sixty days as required under the rule. Thus, the motion was deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B). Although the court later granted the motion and reduced his sentence, that order is considered a nullity. See Cliatt v. State, 773 So. 2d 610, 611 (Fla. 5th DCA 2000). Nevertheless, in case number 01-14442, the state concedes that appellant’s sentence should have been reduced to nine months, as the trial court did in its untimely order. Reversed and remanded for resentencing in accordance with this opinion.
WARNER, STEVÉNSON and GROSS, Jj., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Murphy v. State, 939 So. 2d 1168 (Fla. 4th DCA 2006)…al court did not have jurisdiction to deny his pro se motion to correct sentencing error, filed under Florida Rule of Criminal Procedure 3.800(b)(1), because the order was entered more than sixty days after the filing of the motion. Brooks v. State, 867 So. 2d 1276 (Fla. 4th DCA 2004). WARNER and GROSS, JJ., concur.…
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Dabel v. State, 79 So. 3d 873 (Fla. 4th DCA 2012)…ice before assessing these fees. The trial court took longer than sixty days to issue an order on the motion to correct sentence, which operated as a de facto denial of the motion. See Fla. R.Crim. P. 3.800(b)(1)(B), 3.800(b)(2)(B); Brooks v. State, 867 So. 2d 1276, 1276 (Fla. 4th DCA 2004) (finding that a trial court’s failure to rule within sixty days on a motion to correct sentence under 3.800(b) operates as a denial of the motion). Dabel appeals the trial court’s de facto denial of his motion to correct se…
Authorities Cited
- del Favero v. State, 773 So. 2d 610 (Fla. 4th DCA 2000)
- Cliatt v. State, 773 So. 2d 610 (Fla. 5th DCA 2000)