Jackson v. State, 2D99-3923.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | FULMER, Acting Chief. |
| Citation | 793 So.2d 117 |
| Parties | Robbie JACKSON, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 2D99-3923.,2D99-3923. |
| Decision Date | 17 August 2001 |
793 So.2d 117
Robbie JACKSON, Appellant,v.
STATE of Florida, Appellee
No. 2D99-3923.
District Court of Appeal of Florida, Second District.
August 17, 2001.
Robert A. Butterworth, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.
FULMER, Acting Chief Judge.
Jackson appeals his judgments and sentences for attempted lewd act and lewd fondling. Jackson argues that the trial court erred in denying his motions for judgment of acquittal, in directing defense counsel to call a witness to testify, and in sentencing him. After considering all three issues, we find no reversible error as to the first two and therefore affirm the judgments without discussion. We reverse the sentences, however, because the trial court's order entered on Jackson's motion to correct sentencing errors filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) was untimely.
Before the initial brief was filed in this case, Jackson filed a rule 3.800(b)(2) motion to correct sentencing errors. After the sixty-day time period provided in the rule had expired, the trial court entered an order granting in part Jackson's motion and resentencing him. Although the trial court's untimely order properly granted relief on some of the sentencing errors raised in the motion, that order is a nullity because it was untimely entered. See McGuire v. State, 779 So.2d 571, 572 (Fla. 2d DCA 2001) (finding that rule 3.800(b)(2) "was written to `deem' the motion denied if the trial court does not enter an order resolving the motion within sixty days"). The issues raised in Jackson's motion to correct sentencing errors, however, are preserved for review. See id. ("This automatic denial of the motion allows the defendant to preserve the alleged sentencing error for appellate review and return to the appellate court in less than ninety days when a trial judge does not take action on the motion.").
Jackson raised four sentencing errors in his rule 3.800(b)(2) motion. First, he argued that the trial court erred in assessing eighteen victim injury points for the attempted lewd act conviction in count one. He asserted that the jury acquitted him of the charged offense of committing a lewd assault or act and found him guilty of attempted lewd assault. The trial court denied relief on this claim. On...
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...(Fla. 2d DCA 2005) (noting that rule 8.135(b) is the juvenile version of Florida Rule of Criminal Procedure 3.800(b)); Jackson v. State, 793 So.2d 117, 118 (Fla. 2d DCA 2001) (holding that a trial court order that untimely rules on a rule 3.800(b) motion is a nullity). However, the trial co......
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...designation and vacating the order of restitution is a nullity. See O'Neill v. State, 841 So.2d 629 (Fla. 2d DCA 2003); Jackson v. State, 793 So.2d 117, 118 (Fla. 2d DCA 2001) ("Although the trial court's untimely order properly granted relief on some of the sentencing errors raised in the ......
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...sentencing error. See Fla. R.Crim. P. 3.800(b)(2). The trial court's untimely order on the motion is a nullity. See Jackson v. State, 793 So.2d 117, 118 (Fla. 2d DCA 2001). Therefore, we remand as to this issue. Mr. Spry may file a written objection to the public defender lien within thirty......
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