Jones v. State
| Decision Date | 11 March 2005 |
| Docket Number | No. 2D04-1285.,2D04-1285. |
| Citation | 898 So.2d 209 |
| Parties | Eddie James JONES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
Eddie James Jones challenges the trial court's failure to rule on the motion he filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), in which he asked the trial court to enter written findings specifying the particular conditions of probation that he was found to have violated. He claims that the trial court's failure to rule on his motion within sixty days constitutes a denial and is in error. We agree and, accordingly, reverse and remand for further proceedings.
The trial court revoked Jones' probation, orally finding that he had violated conditions 1, 9, and 12 of his probation. However, in its written revocation order, the trial court erred in failing to specify the particular conditions that Jones was found to have violated. See Jelks v. State, 770 So.2d 183 (Fla. 2d DCA 2000)
. Jones properly preserved this error by filing a motion to correct sentence pursuant to rule 3.800(b)(2) on July 26, 2004. See Gammon v. State, 778 So.2d 390, 392 (Fla. 2d DCA 2001); Smith v. State, 780 So.2d 166, 167 n. 1 (Fla. 2d DCA 2001); Jelks, 770 So.2d at 185; see also Thomas v. State, 763 So.2d 316, 316 n. 1 (Fla.2000). In that motion, he asked the trial court to enter such findings in writing. However, the trial court never ruled on his motion.
Rule 3.800(b)(2) provides that a motion filed pursuant to that rule is deemed denied if the court fails to rule on it within sixty days. Therefore, the trial court's failure to rule on Jones' motion by September 26, 2004, constituted a denial of his motion. On October 4, 2004, the Lee County deputy clerk confirmed the absence of such an order by filing a certificate of nonexistence stating that she had examined the files in the case and had failed to find any written order ruling on Jones' July 26, 2004, motion to correct sentencing error.
Because it was error to fail to enter proper written findings specifying which conditions of probation Jones was found to have violated and because Jones preserved this error by filing a rule 3.800(b)(2) motion to correct sentencing error in which he asked the court...
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Odom v. State
...basis for imposition of $450 in court costs and $128 in investigative costs by filing a rule 3.800(b)(2) motion); Jones v. State, 898 So.2d 209 (Fla. 2d DCA 2005) (concluding that filing a rule 3.800(b)(2) motion preserved the issue of the trial court's failure to specify the particular con......
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Simmons v. State
... ... the condition of probation that the appellant was found to ... have violated was not preserved for appellate review when the ... appellant failed to object at trial or raise this specific ... issue in a rule 3.800(b)(2) motion); cf. Jones v ... State, 898 So.2d 209, 209 (Fla. 2d DCA 2005) (finding ... that the trial court's error in failing to specify in its ... written revocation order the condition of probation that it ... orally found the defendant had violated was properly ... preserved for review ... ...
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Simmons v. State
...review when the appellant failed to object at trial or raise this specific issue in a rule 3.800(b)(2) motion); cf. Jones v. State, 898 So.2d 209, 209 (Fla. 2d DCA 2005) (finding that the trial court's error in failing to specify in its written revocation order the condition of probation th......
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Hines v. State, 2D12–2959.
...See Ortuno v. State, 32 So.3d 121, 121 (Fla. 2d DCA 2009); Evett v. State, 947 So.2d 662, 662–63 (Fla. 2d DCA 2007); Jones v. State, 898 So.2d 209, 209–10 (Fla. 2d DCA 2005); Jelks v. State, 770 So.2d 183, 185–86 (Fla. 2d DCA 2000). Affirmed.MORRIS and SLEET, JJ.,...