WILLIAM RAYMOND SIBLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A rubber-stamped order denying a motion for correction of sentence is insufficient to invoke appellate jurisdiction because it lacks proper rendition.
Appellant appealed an order denying his motion for correction of sentence. The trial court denied the motion by simply stamping 'Denied' on the face o…
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[*1279] MONACO, J.
The appellant, William Raymond Sibley, appeals the order of the trial court denying his Rule 3.800(a) motion for correction of his sentence. We are unable to review this appeal because the trial court denied the motion by simply stamping “Denied” on the face of the motion, and dating and signing it. Neither the rubber stamp nor the record reflect the date of rendition of the court’s ruling. The document does not reflect when or whether it was filed with the Clerk of the lower tribunal as required by Rule 9.020(h), Florida Rules of Appellate Procedure.
A rubber stamped order such as the one used in the present case is not sufficient to invoke this court’s appellate jurisdiction. See Gibson v. State, 642 So. 2d 43 (Fla. 2d DCA 1994); State v. Sullivan, 640 So. 2d 77 (Fla. 2d DCA 1994). Without rendition, the order is not appealable. Rubber stamped orders might find some limited use in less consequential pretrial orders, but they are usually inappropriate for the disposition of motions filed under Rules 3.800 or 3.850. See Parnell v. State, 642 So. 2d 1092 (Fla. 2d DCA 1994). They should never be used when it is essential to fix a point from which crucial time periods are to be calculated.
Accordingly, we dismiss the appeal and remand this matter to the trial court for reconsideration of Mr. Sibley’s motion and for rendition of an appropriate order. DISMISSED and REMANDED with instructions.
PETERSON and PALMER, JJ, concur.
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Latonya Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009)…iolated her probation because she committed a new law violation, contrary to condition 5 of her probation. We remand this case, nevertheless, with instructions that the trial court reduce its oral pronouncement to a written order. See Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004) (affirming revocation of community control and remanding for entry of written order). There is insufficient evidence to support the trial court’s oral findings that Appellant violated other conditions of her probation, and theref…
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Bell v. State, 60 So. 3d 558 (Fla. 5th DCA 2011)…idence to support the trial court’s decision, we are compelled to remand because the trial court failed to enter a written order specifying the probation conditions violated.1 See Mormon v. State, 976 So. 2d 1188 (Fla. 5th DCA 2008); Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004); Brinson v. State, 866 So. 2d 1268 (Fla. 5th DCA 2004). We, therefore, vacate the judgment under review and remand for entry of a proper order specifying which conditions Bell was found to have violated. Judgment VACATED; cas…
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Kadyebo v. State, 15 So. 3d 928 (Fla. 5th DCA 2009)…al evidence, the appellant is unquestionably entitled to a correct written revocation order that conforms to the oral pronouncements finding him in willful violation of probation. See Young v. State, 4 So. 3d 1265 (Fla. 5th DCA 2009); Patt v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004); Brown v. State, 847 So. 2d 1020 (Fla. 5th DCA 2003). Accordingly, we affirm the revocation of probation and the sentence announced, but remand this [*929] matter to the trial court for entry of a proper violation order. AFFIRM…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Sullivan, 640 So. 2d 77 (Fla. 2d DCA 1994)
- Parnell v. State, 642 So. 2d 1092 (Fla. 2d DCA 1994)
- Gibson v. State, 642 So. 2d 43 (Fla. 2d DCA 1994)