ANTONIO LAMAR WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2011-10-17
No. 1D10-3315
DAVIS, PADOVANO, and ROWE, JJ., concur.
72 So. 3d 285 Florida District Court of Appeal, First District (2011) Positive Treatment
Cited by 5 cases
Topics
Florida Rule Of Criminal Procedure 3.800(B)(2) Jurisdiction

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm Appellant’s judgments and sentences without comment. However, we write to direct the trial court to strike the post-sentencing orders that it entered without jurisdiction. While this appeal was pending, Appellant filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion. After more than sixty days from the filing date had passed, the trial court entered an order granting the motion and it amended Appellant’s judgments and sentences. “When a trial court enters an order on a rule 3.800(b)(2) motion outside of the time permitted for ruling on such a motion, the order is deemed a nullity and must be stricken.” Miran v. State, 46 So.3d 186, 188 (Fla. 2d DCA 2010); see also Gallegos v. State, 63 So.3d 20, 20 (Fla. 2d DCA 2011) (striking an untimely order on a rule 3.800(b)(2) motion). Therefore, we affirm the judgments and sentences and remand with directions for the trial court to strike the order granting the motion and to strike the amended judgments and sentences.

AFFIRMED and REMANDED with instructions.

DAVIS, PADOVANO, and ROWE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ogden v. State, 117 So. 3d 479 (Fla. 1st DCA 2013)
    …relief and the amended judgments and sentences were filed more than sixty days from the date Ogden filed the motion. Thus, the order and resulting amended judgments and sentences are legal nullities. Fla. R. Crim. P. 3.800(b)(2); Williams v. State, 72 So. 3d 285, 285 (Fla. 1st DCA 2011); Brown v. State, 61 So. 3d 1238, 1238 (Fla. 1st DCA 2011); Campbell v. State, 789 So. 2d 1213, 1214 (Fla. 1st DCA 2001). Although a mandatory cost need not be orally pronounced, it is error to impose a discretionary cost w…
  • Thomas v. State, 236 So. 3d 1159 (Fla. 1st DCA 2018)
    …ppellant's motions to correct sentencing error raising these issues, but did so outside the jurisdictional 60-day time frame provided in Florida Rule of Criminal Procedure 3.800(b), such that its orders were without legal effect. Williams v. State , 72 So. 3d 285 (Fla. 1st DCA 2011). On remand, we direct the court to strike these orders. See id.…
  • Thomas v. State (Fla. 1st DCA 2018)

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