KELVIN J. ROBINSON
v.
STATE OF FLORIDA
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Kelvin J. Robinson appeals his judgment and sentence for probation violations. The trial court found Robinson violated probation but erroneously stated he admitted to the violations. Robinson filed a Rule 3.800(b)(2)(B) motion to correct the scrivener's error, but the court's corrective order was filed on the 68th day, exceeding the 60-day deadline.
The court affirmed the judgment and sentence on the merits but reversed in part to allow the trial court to correct the scrivener's error because the court's corrective order was untimely. An order filed outside the 60-day period required by Rule 3.800(b)(2)(B) is a legal nullity.
[1] An order correcting a scrivener's error under Florida Rule of Criminal Procedure 3.800(b)(2)(B) must be filed within 60 days of the motion, and any order filed after that…
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Join FLexlaw to unlock all legal intelligenceRobinson was found to have violated his probation. The trial court's judgment contained a scrivener's error stating that Robinson admitted to the prob…
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October 16, 2024 PER CURIAM.
Kelvin J. Robinson appeals his judgment and sentence. The trial court found that Robinson had violated his probation but erroneously stated that he had admitted to the probation violations. Robinson filed a Florida Rule of Criminal Procedure 3.800(b)(2)(B) motion to correct the error but the trial court entered its order on the 68th day after the motion was filed.
We AFFIRM the judgment and sentence but REVERSE, in part, for the trial court to correct the scrivener’s error because its order correcting the mistake was untimely. See Fla. R. Crim. P. 3.800(b)(2)(B) (“The trial court shall resolve this motion in accordance with the procedures in subdivision (b)(1)(B), except that if the trial court does not file an order ruling on the motion within 60 days, the motion shall be deemed denied.” (emphasis supplied)); Ogden v. State, 117 So. 3d 479, 480 (Fla. 1st DCA 2013) (holding that an order filed outside the sixty days provided for in rule 3.800(b)(2) is a legal nullity).
B.L. THOMAS, BILBREY, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Candice K. Brower, Regional Counsel, Gainesville, and Michael J. Titus, Charles Burden, Jr., and Samatha K. Porche, Assistant Regional Conflict Counsel, Criminal Conflict & Civil Regional Counsel, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.