WILLIAM CONROY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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William Conroy appealed his child neglect convictions based on sentencing errors, including being sentenced by a different judge than the one who accepted his plea and incorrect application of sentencing guidelines. The court vacated the sentence and remanded for resentencing because the trial court lacked jurisdiction to correct the errors under Florida Rule of Criminal Procedure 3.800(b)(2), having filed its order seven days beyond the required 60-day deadline.
The trial court lacked jurisdiction to grant the motion because it filed its order sixty-seven days after the motion was filed, exceeding the mandatory 60-day deadline under Rule 3.800(b)(2). The court held that sentencing by a different judge than the one who presided at the plea hearing constitutes error absent a showing of necessity.
[1] A trial court loses jurisdiction to rule on a motion filed under Florida Rule of Criminal Procedure 3.800(b)(2) if it fails to enter an order within 60 days of the motion…
[2] The 60-day period for a trial court to rule on a motion under Florida Rule of Criminal Procedure 3.800(b)(2) may be extended for good cause, but not after the period has…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“within 60 days from the filing of the motion, the trial court shall file an order ruling on the motion. If no order is filed within 60 days the motion shall be considered denied.”
Establishes the mandatory 60-day deadline for trial court action on sentencing correction motions under Rule 3.800(b)(2).
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Join FLexlaw to unlock all legal intelligenceConroy pleaded guilty to two counts of child neglect before Judge Jack Espinosa, Jr. on July 25, 2003. Sentencing was delayed until April 30, 2004, be…
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DANAHY, PAUL W., Senior Judge.
This case involves a sentencing error which requires our reversal. We do so because the trial court failed to timely correct the error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).
William Conroy pleaded guilty to two counts of child neglect before Circuit Judge Jack Espinosa, Jr., at a hearing on July 25, 2003. Sentencing did not take place until April 30, 2004, when a sentencing hearing was conducted before Circuit Judge Wayne S. Timmerman. There is nothing in the record to suggest that Judge Espinosa could not have conducted the sentencing hearing.
Conroy filed a 3.800(b)(2) motion with the trial court on February 18, 2005, contending that he was prejudiced because (1) his plea was accepted by one judge and he was sentenced by another and (2) he was sentenced under an incorrectly scored and inaccurately calculated Criminal Punishment Code (CPC) scoresheet on count one, and under the wrong sentencing guidelines on count two. The trial court granted Conroy’s motion and entered its order on April 25, 2005. This was error. Rule 3.800(b)(2) requires the trial court to “resolve this motion in accordance with the procedures in subdivision (b)(1)(B),” which states, “[wjithin 60 days from the filing of the motion, the trial court shall file an order ruling on the motion. If no order is filed within 60 days the motion shall be considered denied.”
The trial court’s order was entered sixty-seven days after the motion was filed. Therefore, although the State correctly conceded error in the court and the court attempted to correct the error, it was without jurisdiction to do so on April 25, 2005. Hansell v. State, 879 So. 2d 646 (Fla. 1st DCA 2004). Moreover, while the sixty-day period may be extended for good cause, it cannot be extended after it has already run. McGuire v. State, 779 So. 2d 571 (Fla. 2d DCA 2001).
The State concedes that Conroy is entitled to be resentenced using the correct scoresheets and guidelines. Further, we agree with Conroy that, without a showing of necessity, it is error to permit sentencing by a judge “other than the one that presided at the trial or plea hearing.” Madrigal v. State, 683 So. 2d 1093, 1096 (Fla. 4th DCA 1996). Accordingly, we remand this case to the trial court for a resentencing hearing using the correct scoresheets and guidelines before the same judge who accepted the plea unless the record demonstrates the necessity of a substitute judge.
Sentence vacated and case remanded for resentencing.
ALTENBERND and WALLACE, JJ„ Concur.
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Citator
Cited By
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Griffin v. State, 946 So. 2d 610 (Fla. 2d DCA 2007)…ircuit court failed to rule on the motion within that time frame, the motion was deemed denied. Id. Once the period expired, the circuit court lacked jurisdiction to address the merits of the motion or enter an amended sentence. See Conroy v. State, 933 So. 2d 687 (Fla. 2d DCA 2006).3 We therefore reverse the amended sentence. However we also conclude that the initial sentence, identical in terms to the amended sentence, should be affirmed, with the [*613] exception of certain costs the court imposed. First,…
Authorities Cited
- Aleño Santana Madrigal v. State, 683 So. 2d 1093 (Fla. 4th DCA 1996)
- McGUIRE v. State, 779 So. 2d 571 (Fla. 2d DCA 2001)
- Carter v. State, 879 So. 2d 646 (Fla. 1st DCA 2004)